In particular, he was asked about a billboard critical of Missouri’s activist judges, a billboard sponsored by a local group, the Adam Smith Foundation.
There he was, interviewed by this august commission, and he’s being asked about billboards! Mittleman, a Republican, said he thought that odd. “I had a sense there was something in the background there that I didn’t know about.”
Yes, oh yes, there is. I bet he has an idea about what’s going on now. After all, he’s a member of the Federalist Society, a national group of libertarian and conservative lawyers that, along with the new Missouri-based Adam Smith Foundation, is bucking the system. Since Mittleman went public, Missourians have heard more than a bit about the legwork, research, and publicity these groups have engaged in.
And they’ve heard some nasty names thrown around at anyone who dares challenge The Missouri Plan.
Defenders of the status quo call the complaints — from Blunt’s office, from the Adam Smith folks and others — political complaints. And dismiss them.
Funny thing is, the opponents of the status quo call the process political, too!
If liberal after liberal gets appointed to the court, what else can you call the process?
Well, I have an idea: a self-interested process. A class system. A cabal.
Now, Governor Blunt has had some blunt things to say about the commission, in public. And he’s asked the commission-approved finalists some pretty pointed (and, some say, bizarre) questions, too. The last three candidates sent for his selection skewed too far left, for his taste, and for the taste of many who oppose the system. To many Missourians, two Democrats and a RINO is not much of a choice.
But these particular nominees aside, it’s the process itself that most offends. Any selection process in which a guild of unelected self-interested professionals (the Bar) has such a huge say in who becomes a justice is bound to frustrate, sooner or later.
It’s been nearly 70 years now, and Missourians have had time to see how this selection process works. They might prove more than willing to give reform another look, at the very least by letting a little sunshine into the process.
In the meantime, the issue will certainly be kept alive, now that the people at the Adam Smith Foundation have initiated a new set of radio ads calling for an open selection process.
I am sure that the Adam Smith folk are bracing themselves. For the criticism. They have stirred up the proverbial hornet’s nest. There’s arguably no power in politics more formidable than the lawyer’s guild. And the guild has already mustered support from mavens in the old media.
My advice? Missourians, take a grain of salt. Remember: Established power doesn’t like to give up power.
Still, there’s hope for sunshine in Missouri. Which is good, because popular, open government in Missouri makes it all the more likely elsewhere. After all, the Missouri Plan was much imitated, in state after state. It’s time for state after state to adopt more open ways of choosing judges.