I wonder to what extent the shift to being all jurists, all the time, is part of the predictability and partisan divides within SCOTUS. Back in an era when many of the appointees were former Senators, Governors, Attorneys General, or even Presidents, a somewhat more pragmatic approach could be taken, leading to opinions based less on personal legalistic theories and philosophy than on workability: "How will this decision work in real life for the nation, executives, and legislators?"
Originally shared by +The Atlantic:
A Tragic Moment for the Supreme Court http://trib.al/LE6TNGY
Yale Professor Stephen Carter Argues That It’s a Tragic Moment for the Supreme Court – The Atlantic
Yale law professor Stephen L. Carter laments the recent string of divided decisions and urges a return to efforts to reach consensus, or near consensus, about the Constitution.
