The Crumbling Supreme Court Facade

Stories with headlines like the one that appeared today-- "Pieces Fall From Supreme Court Facade" --operate like a Rorschach ink blot test. Depending on where one sits in the political spectrum, the news is either a metaphor suggesting that the very foundations of justice will be threatened if Judge Samuel Alito is confirmed as the next associate justice or, alternatively, a Pat Robertsonesque indication of divine warning that failure to confirm Alito will result in fire and brimestone raining down upon the Senate chamber.

The facade holding that the Supreme Court is a nonpolitical branch of government has crumbled badly in recent decades. As more politicians and people perceive the Court to be just another political branch, the political will for imposing majoritarian mandates on that countermajoritarian body become stronger. The justices can reassure the majoritarian branches that their decisions do not rest on mere personal preference by articulating a judicial philosophy based on neutral principles. The senators should do their part by focusing on the merits of the interpretation philosophy of the judge rather than merely the policy outcome of the philosophy. As for other fanciful wishes, I'd like a grand piano to appear in my foyer in time for Christmas.