Dec. 26, 2025
To restore separation of powers, start with who becomes a judge
To counterbalance a federal judiciary dominated by former executive branch lawyers who defer to presidential power, the Senate should require that for every judge nominated with senior executive experience, another must have substantive legislative branch experience.
The federal judiciary is supposed to be the referee in our constitutional system. Yet over the decades, the professional backgrounds of federal judges have tilted hard toward one team: the executive branch. Presidents of both parties routinely nominate lawyers who built their careers advocating for the executive branch, having served inside the Justice Department, the White House, or federal agencies....
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