What is the Missouri Plan?

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A view of the south side of the Missouri Capitol building in Jefferson City [Zachary Reger]
Missouri’s most notable claim-to-fame in modern legal philosophy is often overlooked.

The state’s constitutionally guaranteed system of merit-based judicial selection — the “Missouri Plan,” as it’s often called — marked a seismic shift in the process of court appointment, one that swept the nation in a grand revision of how we populate many of our appellate and high courts.

By forgoing popular alternatives of direct election and nomination-confirmation of state judges, Missouri ushered in a new “nonpartisan” era of judicial selection.

After the Plan’s initial adoption in the mid-1900s, dozens of states followed, creating merit-based systems of their own. Newly democratic nations across Europe and South America drew inspiration from the Plan in writing their own constitutions, as did even a few established democracies during historic reformation votes.

And Missouri started it all.

What follows is a brief overview of the philosophy and origins of the Missouri Plan, a lightly edited excerpt taken from my undergraduate thesis work at the University of Missouri.

Continue reading “What is the Missouri Plan?”

Is ‘this Trump thing’ sustainable?

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CC BY-SA 2.0 Gage Skidmore

A piece in the Washington Post explores a freshman Kentucky congressman’s recent recess in his heavily Trump-supporting home district.

Read until the end. It’s worth your time.

Republicans went nuclear — now what?

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1946 nuclear test at Bikini Atoll [Public Domain]
After a Democratic filibuster of Neil Gorsuch, Congressional Republicans have exercised the “nuclear option,” dismantling the requirement of a 60-vote cloture movement before voting on Supreme Court nominees. Gorsuch can be confirmed with a mere 51 supporting senators, an up-or-down vote scheduled for Friday.

So what now?

Two law professors write in a Wall Street Journal op-ed that we should “stop worrying and learn to love the nuclear option.”

On the other hand, an opposing law professor writes a piece for U.S. News arguing that to kill the filibuster is to “kill trust in the court.”

When all is said and done, at least one thing is certain — it will have been an excellent day for C-SPAN ratings.

What is ‘fake news’?

Setting aside the metaphysical quandary, a potential lawsuit in Colorado could, if nothing else, set a new legal definition of the term “fake news.”

If filed, the suit would pit the Grand Junction Daily Sentinel, a local newspaper, against state Sen. Ray Scott.

Scott, a Republican, referred to an opinion column in the Sentinel as “fake news” in separate posts on Facebook and Twitter earlier this month. In defense, the paper’s publisher is considering a defamation suit, although he has yet to pursue any concrete legal action.

The story has earned national attention, perhaps due to the current political climate—the Trump administration has made it a point to assail the national news media, describing such outlets as “the enemy of the American people.