CCL President Robert S. Peck argued that Who Serves on the Bench Matters in a post on the Appellate Advocacy Blog, a part of the Law Professors Blog Network. Although lawyers prefer to think that the rule of law prevails, we are also very aware that judges have viewpoints and experiences that color their approach to legal issues. Appellate lawyers look at the body of work of those on the bench and tailor their arguments to the panel that will hear the case. The "ideologically tinged" battles over confirmations and elections cannot help but translate into the types of rulings that come from a court. That the rhetoric of campaigns and slanted news presentations find its way into opinions has become obvious to even casual observers. 

     Using an example from a recent decision, where the dissent gratuitously called out the majority about an internal issue and the prospect of a new majority, Peck writes that, not only does who serves make a difference, but that the judges are also aware of it.