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03/19/2005

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Larry

The Supreme Court's workload is very light? That sounds like a problem itself.

kjbkjbkj

(Also, contrary to one of the commenters, incapacity is a recognized basis for removing a federal official by the impeachment process; the first federal judge impeached and removed from office was a drunkard and a lunatic, but had not engaged in wrongful conduct, such as taking a bribe.)

Actually, Posner, I said that a judge may only be impeached for bad behavior. But I did not mean "wrongful conduct," such as corruption. I meant "whatever is not considered 'good behavior'" in the Impeachment Clause of the Constitution. I thought that was rather clear, but perhaps not. I think the decision to impeach a judge for public drunkenness and lunacy is a determination that such acts do not constitute "good behavior," not a more general determination that "incapacity is always impeachable".

David Gorebinski

"We may want that insulation; we may want a court to be an independent power base; but the premise of the movement for judicial term limits is that courts are too independent, too powerful. The imposition of term limits would not reduce that power. It would merely increase the number of power holders. And as they would be holding power successively rather than simultaneously, there would be no competitive check on their exercise of power. So I don't see how term limits would actually limit judicial power."

Who says that independence and power are synonmous? I thought that "independence" was not only the power to act freely, but the elements in the structural constitution that incentivize the appropriate behavior of judges when exercising that freedom. Isn't that why some dude on here kept quoting Alexander Hamilton?

Joe Kappa

"And while long experience in a job can make one more efficient at it, beyond a point additional experience adds nothing."

That isn't true. A Justice sitting on the Court since the days of Lochner would have a better time distinguishing between an authentic return to Lochner and mere hyperbole.

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