High Court should apply black letter law on borders
The idea that a more public and transparent High Court appointment process would be simply about finding the best candidate is challenged by the political contention swirling around the government’s next two court picks.
The Morrison government is expected to appoint two new High Court judges to replace retiring justices Geoffrey Nettle and Virginia Bell next week. This will follow the traditional confidential consultation with state governments and court leaders across the country, with the candidates selected by Attorney-General Christian Porter to be ratified by the federal cabinet.
For some, this method is opaque and outdated, and should be replaced by a less secretive and more transparent judicial appointment process. On the other hand, the alternative US model, in which the executive nominates Supreme Court judges to be confirmed by the elected Senate, has degenerated into hyper-partisanship since Reagan nominee Robert Bork was rejected by the Senate.
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