29 May 2026
The Problem Is Not Politicization
When judicial nominations fail, the instinct is to blame politicization. But the collapse of Frauke Brosius-Gersdorf's candidacy for the German Federal Constitutional Court and the historic Senate rejection of Jorge Messias for Brazil's Supreme Court point to a different diagnosis. The problem did not lie in politics as such – but in the Brazilian intuition of “politicagem”: the subordination of judicial selection to short-term electoral performance. Continue reading >>
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15 October 2020
Mitch McConnell, The Supreme Court, and The Specter of Politicization
There is no doubt that the Senate Majority Leader is a hypocrite. His bad faith, however, may have a cathartic effect on judicial appointments. Continue reading >>
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