This opinion piece challenges the conventional wisdom, largely promoted by Justice O'Connor, that electing judges is detrimental to the democratic process. The author uses the recent Wisconsin Supreme Court election, with its high cost and political stakes, as a case study.
The election of the liberal candidate, Judge Susan Crawford, resulted in a 4-3 liberal majority on the court. This outcome is seen as a significant setback for the Republican party and their gerrymandering efforts in Wisconsin.
The author challenges the O'Connor Judicial Selection Plan, which proposed a less partisan selection method. The piece implies that direct election, though messy, offers a direct avenue for voters to impact judicial balance and, by extension, policy outcomes.