What's the Best Way To Pack a Court?

The attack on merit selection for judges.

By Bert Brandenburg

Posted Friday, Nov. 14, 2008, at 7:13 AM ET

Michigan's voters delivered a small but telling electoral shock on Nov. 4. Chief Justice Cliff Taylor, a heavy favorite, got thumped by 100,000 votes by Circuit Judge Diane Hathaway, who was nominated just 59 days before the election. Taylor raised almost five times as much money as Hathaway and enjoyed at least $1.3 million more in supportive television ads from groups like the GOP and the Michigan Chamber of Commerce. Yet he was the first high-court justice to be voted out in Michigan in 24 years. The business sector acknowledges Taylor's loss as a stinging defeat. But some of its members still see electing judges, in general, as good for their bottom line. And now they're pushing for more of it.

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