Numbers Games

Much as I sympathize with well-meaning attempts to reform our sclerotic judicial system, I don't really see what difference it makes whether we have nine justices on the High Court, or 19 justices, or even 99 of them if Team Democrat keeps losing Presidential elections and/or keeps acceding to crackpot demands (when they're out of power) to lard up the Court with crackpot nominees. The solution to me would be to string together four or five consecutive wins in Presidential election years, replace the crackpots one by one as they die off with less crackpotted nominees, and the problem will largely take care of itself. This is more-or-less how we got the Warren Court, after all.

Of course, this presumes that Team Democrat understands that in order to do this, they need to draw sharp distinctions between themselves and the crackpots, which does not---repeat, not---entail co-opting the crackpots' talking points and incorporating them into policies that simply a more benign version of the crackpot agenda. Nor does it involve making promises to various constituent groups (e.g., labor unions, antiwar activists) and then blowing them off after winning an election. Because all that people basically want is to be able to trust that their government will deliver what it promises---even if it's bad for them---and if you can't reliably deliver the goods, they'll vote for the other guy. Just something to keep in mind this year.

---Vitelius

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