When in 1973 the Tennessee Supreme Court stated that an election for Supreme Court judges could be by retention election, as opposed to the kind of elections one normally thinks of, a dissenting judge said,
It is not necessary for me to dwell on the possible chaotic consequences of the construction placed on Article 7, §5 by the majority.
That section of the Tennessee constitution says that vacancies in a judicial office “shall be filled” by election, not by any kind of appointment. Well, with the legislature ready to approve a revised form of the same thing, why not take a minute to “dwell” on one of the “chaotic consequences” to which we have subjected ourselves. You’re guaranteed not to like the possibility. |