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Louisiana teachers' union concerned about educators' future; Supreme Court hears arguments in Trump immunity case; court issues restraining order against fracking waste-storage facility; landmark NE agreement takes a proactive approach to CO2 pipeline risks.

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Speaker Johnson accuses demonstrating students of getting support from Hamas. TikTok says it'll challenge the ban. And the Supreme Court dives into the gray area between abortion and pregnancy healthcare, and into former President Trump's broad immunity claims.

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The urban-rural death divide is widening for working-age Americans, many home internet connections established for rural students during COVID have been broken, and a new federal rule aims to put the "public" back in public lands.

Report: Crisis in the Courts?

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Monday, August 23, 2010   

ST. PAUL, Minn. - A growing number of legal, advocacy and nonprofit groups in Minnesota are pushing for a constitutional amendment to change the system of selecting judges. In support of their effort comes a new report that asks, "Is Justice for Sale?"

The report, from the Justice at Stake Campaign, Brennan Center for Justice at New York University School of Law and the National Institute on Money in State Politics, chronicles a decade of increasingly partisan politics and special-interest money flowing to state judicial elections.

Adam Skaggs, one of the report's authors and counsel for the Brennan Center "Democracy Program," says nationwide fundraising for those races has more than doubled over the last decade, with a marked rise in money coming from outside special-interest groups.

"Over the past decade, we've seen a phenomenon where special-interest groups - not the candidates running their own campaigns, but outside special interests - have really come to swamp these races with their war chests."

According to the report, more than 70 percent of Americans and more than half of state judges agree that campaign contributions affect the outcome of court decisions.

Brian Rusche is the executive director of the Minnesota-based Joint Religious Legislative Coalition.

"In Minnesota, we need to amend our constitution so that we still involve the voters, and give voters a meaningful vote, by having retention elections rather than having candidate A run against candidate B and engage in all kinds of nasty television ads and big-money fundraisers."

Under the proposed retention system, judges would be appointed by the governor through a rigorous merit selection. After their initial appointed term, the public would vote on whether or not they would keep their seats. Opponents of the proposal say there's no problem in Minnesota's justice system, and they were successful in preventing the amendment from reaching the ballot this year. Rusche says advocates for the reform will try again in 2011.

Skaggs says the merit system is worth considering. Minnesota has so far avoided some of the most egregious campaign spending excesses, he notes, but warns that what is happening in other Midwestern states should serve as a wake-up call.

"Wisconsin, Illinois and Ohio have seen explosions in spending. It's just a matter of time before the same outside groups that have dominated elections in those states come to Minnesota and start driving up the cost of judicial elections here."

If states like Minnesota opt to keep contested judicial elections, then public financing, good disclosure and strict disqualification rules would help keep the courts fair and impartial, Skaggs adds.

The report, "New Politics of Judicial Elections, 2000-2009," is available at www.justiceatstake.org. Additional information is at the Minnesota Coalition for Impartial Justice website, www.mnbar.org.




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