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this post was submitted on 13 Sep 2024
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Judges are not supposed to work for the majority. They are supposed to work for justice.
Justice in most cases means opposing political power (formal in this case).
Thus they should be selected in some way radically different from how political power is formed.
Sortition is one way, if you don't want some entrenched faction reproducing itself. Would be better than US too. But still sortition from the pool of qualified people, that is, judges, and not just every random bloke who applies, of course.
When has the court ever ruled in opposition to political power?
It isn't as though you can't corrupt a candidate after they take office. Look at Clarence Thomas.
Russian Supreme Court in 1993 when ruling that Yeltsin and the parliament should both resign and have new presidential and parliament elections. Yeltsin's opposition agreed, Yeltsin said he's the president and it's democratic and legal that he decides everything and sent tanks.
Since the US was friendly with Yeltsin, this was considered business as usual.
In fairness, that was just a coup and regime change effectively at gunpoint.
Ye-es, but nobody in the West said so. Maybe if in that one moment things went differently, Russia would be at least a very flawed democracy today.