The Supreme Court’s Legitimacy Problem: A Blockchain-based Proposal for Distributed Judicial Selection Público Deposited
Nowhere is the politicization of the American judiciary more glaring than confirmation hearings for nominees to the Supreme Court. While both politicians and scholars agree that the politicization of the Supreme Court is corrosive to the legitimacy of the judiciary, few scholarly proposals have received serious consideration in the political arena. This paper offers the conceptual principles underlying blockchain technology as a heuristic tool for explaining the legitimacy problems of the American judicial selection process. This paper also argues for a prescriptive framework grounded in the principles of decentralization and transparency and integrates existing proposals from the judicial selection literature into a unified proposal termed Distributed Judicial Selection.
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