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Abstract

Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary. This article focuses on the challenges to the merit selection of judges. It will provide a historical overview of the Missouri Non-Partisan Court Plan ("the Plan") and its expansion across the country. The article will explore the positive and negative aspects of the Plan and examine traditional criticisms levied against it. Declining voter confidence in merit system states will be discussed, and the article will analyze and report on declining retention percentages in Missouri and their implications on the Plan. Furthermore, recent attacks in Missouri on the merit selection system by minority groups and the state legislature will be studied. After examining the challenges to the Plan and exploring their possibility of success, the article will provide suggestions and observations to both challengers and defenders of the Plan.

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