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The Legislative branch does not elect judges and cabinet nominees. The President selects his cabinet, who serve with the "advice and consent" of the Senate. Cabinet appointments require confirmation by the Senate.

On the Federal level, judicial officers are nominated by the President, but in many cases a senator will recommend someone from his state. The President may choose that person or may pick another, and the nominee must be confirmed by the Senate. By Senate tradition (but not a matter of law), a senator may block the nomination of someone from his own state. The Senate will rarely confirm a nominee blocked by his own senator.

On the State level, some judges run for elective office, and some judges are appointed to their terms. IN some instances, appointed judges face periodic non-competitive elections, in which the voters can vote to keep or remove a judge from office. It's rarely used, although three of seven California Supreme Court justices were turned out of office at the polls in 1986 over a series of widely unpopular decisions.

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