Digital Commons Network^™

The realization that judicial ideology matters to case outcomes may have driven the judicial selection process to become increasingly ideological and partisan, but to some degree it has brought ideology and partisanship to bear on the selection process from the time of the Founding. As the authors note, “Presidents, senators, and

interest groups alike realize that the judges themselves are political.” Judging may in some ways be different from politics, but politicians’ judgments about judging most certainly are not.