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The Battle Over The Courts 

How politics, ideology, and special interests are compromising the U.S. justice system
Jump to full article: Business Week, 2004-09-27
Author: Mike France And Lorraine Woellert With Brian Grow in Atlanta

Intro:

Big money is at stake in these seemingly small-time elections. In Illinois, where one court recently handed down a $10.1 billion damage award against tobacco giant Philip Morris, the Magg-Karmeier race has become a surrogate for the furious national debate over tort reform. In fact, both candidates complain that they do not have control over some of their more fanatical supporters. "This is not a political race, but we're being forced into the politics of it," says Karmeier, the pro-business Republican.

The force driving many of these changes is the same one that has played such a corrosive role in America's broader political culture: special interest groups. Increasingly, they have come to view the judiciary as something to be gamed and captured -- just like Congress or the State House. The political patronage that once existed in Mayor Richard J. Daley's Chicago is being replaced by a new form of interest-group patronage. The list of organizations that have jumped into America's judicial wars is long and growing. . . .

On Aug. 24, the Illinois State Bar Assn. said it will begin monitoring the Karmeier and Maag campaigns in an effort to bring civility to the race. A prominent new recruit to the state judicial election-reform bandwagon is Senator John McCain (R-Ariz.), who told BusinessWeek that he worries that "the extreme amount of big money in this year's judicial elections will only reduce public trust in the courts."

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