This seems like an opportune moment to remind people that one of the main points of Robert Bork’s masterpiece The Tempting of America was that the politicization of the law can’t be remedied (or not much) by appointing better judges, because the problem is systemic. The Constitution simply assumes the law will not be politicized, an assumption that had a basis in 1789, but not in 2020.

Bork’s particular policy solutions may not be the right ones, but the larger point is very much worth revisiting.

Another opportune moment to remind people of this fact was 2016. Nobody listened to me then, either.