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Abstract

I have two major points. First, because there is no such thing as a general interest, it makes no sense to speak of "special" interests. Second, judicial decisions make policy. In so doing, they benefit certain interests at the expense of others, whether judges are selected by elections, appointments, or some hybrid system. So, it should not be surprising that politics pervades the choice of judges under every system used or considered today. No selection system may be capable of eliminating the power of interest groups, but the selection system may determine which of those interests are benefited. As a result, debates about judicial selection should be viewed skeptically and are far more likely to reflect disagreements about policy than about the appropriate selection methods to ensure judicial quality

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