Elected Judges: Last Week Tonight with John Oliver (HBO)

Summary

The script satirizes the American system of electing judges, highlighting the absurdity of campaign ads and the potential for bias due to campaign contributions. It criticizes the impact of money on judicial decisions and the pressure on judges to rule in favor of their donors, suggesting that the system undermines the independence and integrity of the judiciary.

Takeaways

• 🏳️‍🌈 The script discusses the controversial stance of Alabama Judge Roy Moore, who defied a federal ruling to allow same-sex marriage in his state, reflecting on the broader issue of judicial authority and interpretation of the Constitution.
• 🤔 It questions the rationale behind electing judges in the United States, which is a practice almost unique to the country and its potential implications on the independence and impartiality of the judiciary.
• 🗳️ The script highlights that most state judges in America are elected, with a significant number running unopposed, which raises concerns about the democratic process and public accountability.
• 🎬 It satirizes the absurdity of judge election campaigns, where judges are portrayed in commercials that are often irrelevant to their qualifications, using humor to critique the system.
• 🚫 The script points out the ethical dilemmas created by judges soliciting campaign funds from lawyers and businesses, which can lead to conflicts of interest and undermine the integrity of the judiciary.
• 📊 It references academic studies suggesting that judges may alter their behavior during election years, potentially affecting their rulings and sentencing decisions.
• 😨 The script describes the chilling effect of negative campaign ads on judges, which could influence them to rule more harshly to protect their political futures.
• 💰 It criticizes the influence of money in judicial elections, with judges being pressured to fundraise from those who may later appear before them in court.
• 🤝 The script mentions that even though many judges dislike the election system, it persists, with some judges feeling like they are being prostituted for campaign contributions.
• 🛑 It calls for a reevaluation of the elected judiciary system, suggesting that it may be time to consider alternatives to maintain a strong, independent judiciary.
• 🤔 The script ends with a humorous suggestion to change the traditional symbol of justice to better reflect the realities of the current judicial election system.

Q & A

Why did Alabama's Chief Justice, Roy Moore, order state judges to ignore the federal ruling on same-sex marriage?

Roy Moore believed that the definition of marriage should not be altered and that the federal courts, including the Supreme Court, do not have the authority to interpret a word that disputes the Constitution.

What is the primary reason behind the election of state judges in America?

The election of state judges in America began as a reform measure in the early 1800s to ensure public accountability and prevent judges from being selected behind closed doors without transparency.

Why are most state judges running unopposed?

Many state judges run unopposed due to the fact that they are incumbents and the election process can be costly and time-consuming, leading to a lack of challengers.

What is the issue with judges running political campaigns?

When judges run political campaigns, they risk compromising their impartiality and may be forced to make decisions that are influenced by their need to appeal to voters, rather than being based solely on the law.

How do some judicial elections campaigns use humor or absurdity to gain attention?

Some campaigns use humor or absurdity in their ads, such as showing a judge's home life or making light of their role, to make the candidate more relatable and memorable to voters.

What is the concern regarding judges receiving campaign contributions from lawyers and businesses?

The concern is that campaign contributions from lawyers and businesses can create conflicts of interest, potentially influencing a judge's decisions in cases involving those contributors.

How do political action committees (PACs) and super PACs influence judicial elections?

PACs and super PACs can influence judicial elections by funding ads and campaigns, which may sway public opinion and a judge's decisions, leading to a judiciary that is not fully independent.

What is the impact of judges changing their behavior due to the pressure of elections?

Judges may change their behavior to appear tougher on crime or more favorable to certain groups in order to secure votes, which can compromise the fairness and integrity of their rulings.

Why is the system of electing judges considered problematic for maintaining a strong, independent judiciary?

The system of electing judges is problematic because it can lead to a judiciary that is influenced by political pressures, campaign contributions, and the need to appeal to voters, rather than being guided solely by the law.

What alternative is suggested to the current system of electing judges to ensure a more independent judiciary?

The script humorously suggests altering the traditional image of justice to include a tip jar and a winking emoji to represent the current system's flaws, implying that a non-elected, appointment-based system might be more appropriate.

How does the script use humor to highlight the absurdity of certain aspects of the judicial election process?

The script uses humor through exaggeration, absurd scenarios, and playful language to underscore the irrationality and potential dangers of having judges elected through a political process.