Marstonalia has some interesting ideas about what can be done to “stop” the downward spiral in the politicization of the judicial confirmation process. (Hint: do nothing.)
And don’t miss an equally interesting discussion about takings. “Takings” is a legal theory which claims that government regulations should be seen as “taking” away rights from property holders — rights for which they should be reimbursed. Of course, they don’t consider labor exploitation to be a “taking” — at least not that I’ve seen. Nor do they want to apply such rules retroactively, to Native Americans whose land was the first to be “taken”, or to the descendants of slaves …. but I digress. Marstonalia’s discussion is much more specific.