Thursday, November 3, 2022
Mark A. Lemley (Stanford), Red Courts, Blue Courts:
The federal judiciary is increasingly fragmented into red courts and blue courts. Democratic presidents overwhelmingly appoint judges in blue states, while Republicans mostly appoint judges in red states.
This is a recent phenomenon; it was much less true even a decade ago.
It is accelerating. And it is likely to corrode both the rule of law and the public’s perception of it. In this Essay I document the phenomenon, explain why it is dangerous, and offer some thoughts on how to fix it.