Tuesday, May 15, 2007

An Amusing Questionnaire

Idaho Values Alliance sent out a questionnaire to the nineteen candidates for an open seat on the Idaho Supreme Court, asking them to express "agree" or "disagree" with various statements. I was amused when I saw the questionnaire, because I recognized that most of these statements were taken verbatim from the Idaho Constitution--and it turns out that, according to this press release from the Idaho Values Alliance, that this was the goal--to see which of the candidates agreed with our state constitution, and which did not. (Perhaps more worrisome, to see which candidates even recognized where these phrases came from.)

None of the candidates responded to the questionnaire, apparently out of concern that taking a position might show that they had prejudged issues that might come before them. But how can you call it prejudging an issue to admit that you agree or disagree with the Idaho Constitution? Isn't that what you are supposed to be following when you sit on the Idaho Supreme Court?

UPDATE: Professor Volokh points out that someone might disagree with these provisions of the state constitution, and yet still be willing to follow them in making decisions. I suspect that if any candidate had responded, "I disagree with this provision, but I will follow the Idaho Constitution in making decisions," it would have been a pretty positive sign for that candidate's integrity.

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