Thanks to John Roberts’ comments yesterday I suspect we’re about to go through another round of hand-wringing about how the Supreme Court needs to be more insulated from the political brawls of the day.
Before it begins in earnest, let me make a distinction that will be quickly lost. The courts should be independent and free of political taint, and I’d man the barricades shoulder to shoulder with Roberts to defend that principle. But there’s no good reason to insulate the courts from the rough and tumble of politics and the complex world we live in, protecting them like a fragile flower.
To the extent the Supreme Court has been demystified by modern media and contemporary politics, that’s been a good thing. To the extent that it has lost some its institutional authority, it need not look beyond its own marble walls for the cause.
