Political polarization negatively impacts the impartiality of judicial appointments and erodes public trust in courts.

What's this about?

People disagree about whether sharp party splits harm fair judge picks and trust in courts.

The facts show some harm, but they do not show that all judges ignore the law.

What supporters say

• Studies of lawyer gifts to parties show clear party patterns in who may become judges.
• Judge pick systems can shape court rulings, mainly in state courts and hard cases.
• Voters trust courts more when they think judges act fairly and without party aims.
• Loud Senate fights over top court picks can make courts seem like part of party wars.

What critics say

• Party patterns do not prove that leaders pick every judge only because of party views.
• Judges do not broadly give up legal rules or decide cases based only on party goals.
• A fall in court approval does not always mean people lose trust for a long time.
• Party splits may divide trust, since some people trust courts more when rulings fit their views.

The bottom line

Sharp party splits can make judge picks seem less fair and can weaken trust for some people.

Still, the facts do not show that all courts lose trust or that judges stop following the law.