High Court judge Stephen Gageler has backed Labor’s move to a more transparent system of judicial appointments, saying it would be “international best practice”, and urged judges to get behind the reform.
The ALRC said the new process should feature “publication of criteria for appointment, public calls for expressions of interest; and a commitment to promoting diversity in the judiciary”.Justice Gageler said: “The report’s recommendation on the topic of judicial appointments warrants the vocal and enthusiastic support of those of us who have the privilege and responsibility of serving as existing members of the judiciary.
He observed that the only submission to the ALRC inquiry that did not support a transparent process came from the Samuel Griffith Society, a conservative legal group that had been urged by former Coalition senator Amanda Stoker to become more active in appointments.
Justice Gageler noted the five Supreme Court justices that formed the majority in Dobbs had all been chosen by Republican presidents who had promised voters they would work to overturn Roe v Wade. It was called a “tragic error” by legal commentators. US President Joe Biden deplored the ruling. Donald Trump welcomed it and claimed credit.
“The problem for judicial legitimacy in the United States is that almost nobody else seems to see it that way,” he said.