Sensitive Litigation Moment: “Loser pays” is not a conservative idea.

WAC? has supported dismantling in all states of the popular election of all judges and replacing it with a federal judiciary-like merit it sysytem of appointment. Our argument is not liberal or conservative but just common sense: popular election of judges is medieval and, among other things, likely to produce lesser jurists and discriminatory outcomes between litigants. Simliarly, WAC? has supported “loser pays” schemes in litigation since we launched two years ago because it is more efficient and less wasteful than our current system. Arguments pro and con for an English-style attorneys fee system making “loser pays” the rule and not just the exception in the U.S. have been made for years.