Back in June, Minna posted about the damning DoJ Report on politically motivated hiring in the Honors and summer intern programs at Main Justice. Other incidents, including the US Attorney Hiring scandal and the political vetting of Immigration ALJs, suggest that some in the current crop of government lawyers understood themselves as serving their party first, not their nation.
Of course some might say that power gives one the right and the responsibility to make policy. And make no mistake, choosing judges through the lens of party loyalty does seem to change outcomes, at least according to this on ALJs in immigration cases and this on Circuit Judges in voting rights cases. But I thought those now in power believed in strict separation of the legislative/law creating function from the law interpreting function and would not have been inclined to change the law this way. I also thought they would respect the long and carefully developed tradition of limiting political influence at the Justice Department. But events proved me wrong on both counts.
Comments