That said,Sheldon Richman is incorrect when he tweets out:
If there is an honorable sense to the word "American," @realDonaldTrump's view that heritage determines ability to be fair is un-American.— Sheldon Richman (@SheldonRichman) June 6, 2016
Richman is denying reality here. A judge may or may not be influenced by his heritage.
Does Richman really think that no judge has looked down upon other ethnic groups or races when making a ruling? Does he really think being American is to deny this reality?
I should add that in a Private Property Society this problem wouldn't necessarily arise. It is possible a PPS would result in "great and wise judges" emerging that all agree on in advance. Or it is possible that on any specific case, both sides in a PPS dispute would have their respective judicial representatives agree on a mutually acceptable judge.
Judge assignments would not necessarily be made randomly.