ironpony wrote:
Do judges have to be republican or democrat? What if you are a judge but you do not subscribe to either party in your politics? Or is this not legal in the US, and you have to actually pick a party, if you want to be a judge? Like what if Biden picked a judge who said she was neither or she was a centrist?
No, judges don’t have to belong to a political party - and strictly speaking, they don’t. They are not politicians.
You might remember that Barack Obama tried to promote Merrick Garland to the Supreme Court. Garland is registered independent (as most Supreme Court contenders probably are to be fair) and was someone who a lot of Republicans said would be good… before suddenly changing their mind when he was actually picked.
However, members of political parties tend to pick judges whose judicial philosophy is more favourable to their political philosophy.
Perhaps counter-intuitively, the Republican Party is both more dedicated to this and worse at it! There is a society of judges called the Federalist Society dedicated to advancing the careers of conservative jurists. The Republican Party very strongly favours members of the Federalist Society, while the Democrats will basically promote any qualified candidate who
isn’t a member of the Federalist Society. The issue is that the best lawyers and judges don’t tend to favour Republican policies at the moment. So the Federalist Society largely promotes 1) people who aren’t very good (Alito, Barrett, Thomas) and 2) people who are very good, but who deviate from the Republican orthodoxy (Gorsuch and Kavanaugh).
Why did I say the Republicans are worse at it? Well, while the Democrats tend to appoint people like Breyer and Kagan and Garland more often than people like Sotomayor, they’re still very much “on the liberal side”. That’s a simplification and the court doesn’t always divide along those lines. But while Republicans have made far more appointments in recent decades, here are the ten prior to Barrett (who is too soon to judge):
1) Brett Kavanaugh (moderate-leaning conservative)
2) Neil Gorsuch (libertarian-leaning conservative)
3) Samuel Alito (conservative)
4) John Roberts (moderate-leaning conservative)
5) Clarence Thomas (conservative)
6) David Souter (liberal)
7) Anthony Kennedy (conservative-leaning moderate)
Antonin Scalia (conservative)
9) Sandra Day O’Connor (moderate)
10) John Paul Stevens (liberal)
So Republican justices have only appointed three reliable conservatives in their last ten attempts, and have appointed two reliable liberals! For some reason, justices who seem to be reliable conservatives tend to drift leftwards once they’re actually on the Supreme Court.