The Impartiality Paradox
The Impartiality Paradox Melissa E. Loewenstemt The constitutional principles that bind our free society instruct that the American people must "hold the judgeship in the highest esteem, that they re- gard it as the symbol of impartial, fair, and equal justice under law."'1 Accord- ingly, in contrast with the political branches, the Supreme Court's decisions "are legitimate only when [the Court] seeks to dissociate itself from individual 2 or group interests, and to judge by disinterested and more objective standards." As Justice Frankfurter said, "justice must satisfy the appearance of justice. 3 Almost instinctively, once a President appoints a judge to sit on the Su- preme Court,4 the public earmarks the Justice as an incarnation of impartiality, neutrality, and trustworthiness. Not surprisingly then, Presidents have looked to the Court for appointments to high profile and important committees of national concern. 5 It is among members of the judiciary that a President can find individuals certain to obtain the immediate respect of the American people, and often the world community. It is a judge's neutrality, fair-mindedness, and integrity that once again label him a person of impartiality and fairness, a per- son who seeks justice, and a President's first choice to serve the nation. The characteristics that led to a judge's initial appointment under our adversary sys- tem, and which lend themselves to appearances of propriety and justice in our courts, often carry over into extrajudicial activities as well. As Ralph K. Winter, Jr., then a professor at the Yale Law School, stated: [t]he appointment of a Justice of the Supreme Court to head a governmental com- mission or inquiry usually occurs because of the existence of a highly controversial issue which calls for some kind of official or authoritative resolution ....And the use of Supreme Court Justices, experience shows, is generally prompted by a presi- t Yale Law School, J.D.
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