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Culture War Roundup for the week of August 11, 2025

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I think the overt politicization of the American judiciary makes it better in this case. Each individual judge may be biased, but since both sides get to appoint judges, and fight over it, the justice system as a whole ends up fairly representative.

In most of Europe on the other hand the justice system is treated as an apolitical, bureaucratic organization. The judges should be professionals, and leave their biases at home. The public shouldn't care about the judges, in the same way that we shouldn't have to care about minor functionaries in other random government departments, who are just hired on the basis of their skill set and are there to do a job.

So in the Netherlands: the Minister of Justice appoints the head of the Council for the Judiciary. This council in turn appoint the heads of the courts. The courts then hire judges. In practice even the ministerial selection is done based on a shortlist, and the courts too make shortlists. The minister could maybe ram through a political appointee if he really wanted (and get everyone to yell InDePeNdEnT JuDiCiArY), but that political appointee would have no institutional support and get nothing done.

This all sounds very nice in theory, but in practice everyone (except, depending on how the election went, the minister) is a fairly serious progressive by now, and they will always make progressive rulings, and hire more progressives. And there's no way to change that except by going full Orban.

prosecutors refuse to charge or hold criminals or the law is changed on things like felony shoplifting

I don't actually have much of a problem with this in the American context. The laws are made democratically, and almost everywhere in the US, the district attorney is also an elected position.

If a DA gets elected on the promise not to charge criminals, then indeed doesn't charge criminals, then gets reelected, then clearly the people actually want this. At that point I can't really disagree with it. I disagree with the stance, but not with implementing the results of the vote. If the median voter of e.g. Portland really is this progressive, then yes, so should the government of Portland be.

The problem comes when these people are appointed by "the system" and cannot be removed.