AJS Statement on Ideology in Federal Judicial Selection

The issue of whether a federal judicial nominee’s ideology should be taken into account as part of the Senate confirmation process has become increasingly controversial.

Ideology has always played, and inevitably will always play, a role in federal judicial selection. The appropriate question is not whether ideology should play a role, but rather how strong a role it should play.

The American Judicature Society (AJS) believes ideology should not play the sole, or even a primary, role in the nomination and confirmation process. AJS believes judges should be chosen on the basis of established legal credentials, an ability to decide cases based upon their facts and the law, and a demonstrated capacity for open-mindedness, sound judgment, and even-handedness.

Of course, nominees who display ideological convictions so strong as to be impervious to contrary evidence, argument or law should not serve on the bench.

At the same time, we must remember that judges are human beings, and they bring the perspectives obtained from life experiences to the bench.  Presidents take these perspectives and predilections into account when they nominate judges. The Senate necessarily does the same.

But as the focus on ideology continues to increase, the danger of losing sight of the more important criteria used to determine a nominee’s ability to serve also increases. Judging is not a political process, and the judiciary should not be politicized by either the Executive Branch or the Senate.