|Burbank Fears Waning Support for Independent Judiciary
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Professor Stephen Burbank used a big stage and a
prominent audience in Washington to convey his concern that
support for an independent judiciary could erode under the assault
of special interest groups.
During last September's discussion on the state of the judiciary,
attended by five Supreme Court justices and influential
former office holders, Burbank warned of growing pressures on
the courts to accede to popular opinion.
"Given what we know about public knowledge of and
attitudes towards courts today," said Burbank, "and about
the incentives and tactics of the interest groups that are involved
in judicial selection, there is reason to fear that the
distinction between support for courts irrespective of the
decisions they make and support that depends upon those
decisions, will disappear."