politics Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that stud ...

, a litmus test is a question asked of a potential

candidate A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * ...

for high office, the answer to which would determine whether the nominating official would proceed with the appointment or

nomination Nomination is part of the process of selecting a candidate for either election to a public office, or the bestowing of an honor or award. A collection of nominees narrowed from the full list of candidates is a short list. Political office In the ...

. The expression is a

metaphor A metaphor is a figure of speech that, for rhetorical effect, directly refers to one thing by mentioning another. It may provide (or obscure) clarity or identify hidden similarities between two different ideas. Metaphors are often compared wi ...

based on the litmus test in chemistry, in which one is able to test the general

acidity In computer science, ACID ( atomicity, consistency, isolation, durability) is a set of properties of database transactions intended to guarantee data validity despite errors, power failures, and other mishaps. In the context of databases, a ...

of a substance, but not its exact pH. Those who must approve a nominee may also be said to apply a litmus test to determine whether the nominee will receive their vote. In these contexts, the phrase comes up most often with respect to nominations to the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

Usage

The metaphor of a litmus test has been used in American politics since the mid-twentieth century. During

United States presidential election The election of the president and the vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C., cast ballots not dir ...

campaigns, litmus tests the nominees might use are more fervently discussed when vacancies for the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

appear likely. Advocates for various social ideas or policies often wrangle heatedly over what litmus test, if any, the president ought to apply when nominating a new candidate for a spot on the Supreme Court. Support for, or opposition to, abortion in the United States, abortion is one example of a common decisive factor in single-issue politics; another might be support of strict constructionism. Defenders of litmus tests argue that some issues are so important that it overwhelms other concerns (especially if there are other qualified candidates that pass the test). The political litmus test is often used when appointing judges. However, this test to determine the political attitude of a nominee is not without error. Supreme Court Chief Justice Earl Warren was appointed under the impression that he was conservative but his tenure was marked by liberal dissents. Today, the litmus test is used along with other methods such as past voting records when selecting political candidates. The Republican Liberty Caucus is opposed to litmus tests for judges, stating in their goals that they "oppose 'litmus tests' for judicial nominees who are qualified and recognize that the sole function of the courts is to interpret the Constitution. We oppose judicial amendments or the crafting of new law by any court." Professor Eugene Volokh believes that the legitimacy of such tests is a "tough question", and argues that they may undermine the fairness of the judiciary:

Imagine a justice testifies under oath before the Senate about his views on (say) abortion, and later reaches a contrary decision [after carefully examining the arguments]. "Perjury!" partisans on the relevant side will likely cry: They'll assume the statement made with an eye towards confirmation was a lie, rather than that the justice has genuinely changed his mind. Even if no calls for impeachment follow, the rancor and contempt towards the justice would be much greater than if he had simply disappointed his backers' expectations. Faced with that danger, a justice may well feel pressured into deciding the way that he testified, and rejecting attempts at persuasion. Yet that would be a violation of the judge's duty to sincerely consider the parties' arguments.

References

{{reflist Political terminology of the United States