For most of its history, the nation’s highest court was a highly partisan affair. It should be again.


In modern American politics each death or retirement of a Supreme Court justice seems to result in a mass wailing, with the threat that a new balance of power could upend the righteous legitimacy of the high court. This fear is an unhealthy, but predictable side effect of treating an assortment of judges like they were apolitical seraphs, hovering above the rest of our elected, mortal government.


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