Since there are two ways to have judges take their seat on the bench, appointment and election, they always are a reflection of society, but perhaps sometimes a delayed reflection or a past reflection.
Local judges are elected and therefore they are a reflection of the will of the people at any one given moment, and will lose their seat on the bench if they do not conform to the dictates of society and the majority (just ask Rose Bird, in California, who lost her CA Supreme Court seat because it was perceived that she opposed EVERY death penalty conviction).
Federal and Supreme Court justices are appointed by the president and are, therefore, tangentially a reflection of the will of the national electorate.
However, having said all of this, Federal and Supreme Court justices may be appointed and confirmed by one president, but their seat on the bench can last for years, even decades, long after the winds of change have blown one president or political party from office and installed a new one. Therefore they can be a reflection of what was the situation years ago, not at this moment.
2007-05-11 02:20:02
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answer #1
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answered by John B 7
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