No one who follows nomination procedures would seriously make that defense of the current system. Sandra Day O Connor was never forced to reveal her views on any issue of substance, despite the fact that ever since, as the swing vote on the Supreme Court, she has had the final say on practically every important issue that has come before out supposedly self-governing society. Judges are appointed for life or good behavior, and the impeachment of Bill Clinton demonstrates what an empty check the latter is on anyone. The situation is similar in most states, where supposedly non-partisan judges only have to withstand a rejection vote phrased as shall Judge H. Senility Incarnate be retained on the bench. Politics 101 teaches that you can t beat someone with no one, and these judges typically get 80 percent of the few voters who bother to cast ballots in those elections.
Lawyers are the priesthood in America today, and federal judges the High Priests.
An overlooked point in Al Gore s self-exculpation for making fundraising phone calls from the White House is that what he meant, when he said that there was no controlling legal authority, was that the courts hadn t ruled on the point. But Congress had. It had passed the law he violated. But congressional enactment is nothing to Al Gore. Only a judicial pronouncement counts.