The death of a Supreme Court Justice has again brought forth uncabined forces of hypocrisy and bloviation. It is almost entertaining to see each side excoriating the other for doing precisely what they would be doing if the shoe were on the other foot. Yet beneath it all, there is a legitimate political reason for all of this hyperactivity: the American judiciary has become more powerful than many legislatures, and even a single judge with lifetime tenure and no political accountability can stop presidential action or legislative enactment in its tracks. This problem has been brewing for a long time and it will not go away for a long time. In a different context, I wrote about this back on March 3, just before The Great Lockdown began. The context then was a discussion about an extraordinary book by Jonathan Sumption, a retired British Supreme Court Judge: Trials of the State and the Decline of Politics. The context now is a vacant Supreme Court swing seat on the cusp of one of the most contentious presidential elections in American history. There are many depressing things to note about the current state of the American Judiciary and I will note but a few of them here. But there are also some relatively straightforward solutions to some of the problems and I will note them as well.... Read More