The Politics of “Merit” Selection
December 8, 2008
Dorf on Law has an interesting post today which attempts to unravel the politics behind New York Democratic Governor David Paterson’s rejection of the slate of names sent to him by the state’s judicial nominating commission to fill a vacancy on New York’s highest court. As I wrote last week, Gov. Paterson and Attorney General Andrew Cuomo blasted the commission for sending a list of nominees they felt was not diverse enough and questioned the way the entire “merit” selection process was working (or not working).
Mr. Dorf’s post reveals the Machiavellian legal maneuvering and backroom dealing inherent in a judicial selection process that takes place behind closed doors, with little public input or accountability. And this is the system that is supposed to take “politics” out of judicial selection?