Judicial Confirmation Process Needs 21st-Century Updating

Supreme Court confirmations are a good time to reflect on some basic precepts of our “separation of powers” system of government. The justices are supposed to be “above the law,” but as various decisions have shown, unfortunately that is not always the case. Too often the nine black robes reveal themselves to be just another partisan legislature — but an unelected one at that. In fact, in recent years following various decisions, many frustrated legal scholars have shaken their heads and muttered: “Five votes beats a reason any day.”