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10/10/07
Two federal courts, however, believe differently and argue that "judgeship candidates who lack support from the party leaders are excluded from elections by an onerous process that violates their First Amendment rights."
The process? "Primary voters elect delegates to a convention that then chooses candidates who most often run unopposed in the general election."
According to critics, "the conventions are patronage-driven affairs in which allies of party leaders are rewarded with judgeships and all others shut out."
However, neither conservative justices nor liberal justices on the Supreme Court were "bothered by the lack of competition or voter participation."
Conservative justice Antonin Scalia said, "It's a basic judgment not to have judges popularly elected."
And according to the same article, "Justice David Souter, a liberal, said he did not see a constitutional problem in the ability of party bosses effectively to exclude some candidates."
A decision will be made by June.
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