The Case for Borking.(political aspects of judicial selection)(Brief Article)

As the battle over the federal judiciary heats up, progressives must convince the general public of a basic proposition: The judiciary is an inescapably political branch of government whose agents, the judges, should be viewed in much the same way other politicians are.

To say that the courts are political may seem so obvious as to be banal. There is, however, a deep and widespread impulse to deny the political character of the courts. An important manifestation of this denial arises in the context of selecting, confirming, or rejecting candidates for the federal bench. Many ...

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