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Where Have All the Politicians Gone? Recruiting for the Modern SUPREME COURT

By: Peretti, Terri L. | Judicature, November/December 2007 | Article details

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Where Have All the Politicians Gone? Recruiting for the Modern SUPREME COURT


Peretti, Terri L., Judicature


For most of U.S. history, Supreme Court justices have been involved in partisan elective politics prior to their appointments or have served in government, usually in a prominent and political position. Schmidhauser observed in 1959 that "political activism of a rather intense kind emerges as a necessary stage in career ascent to the Supreme Court" and has "been a virtual precondition for such an appointment."1

Of course, this should not be surprising given the importance of partisan and ideological considerations in the judicial selection process. Holding a high government office gives potential nominees credibility and is critical to drawing the attention of the president and …

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