This is an amusing but ultimately straw man portrayal of the legitimacy crisis the judiciary is in. Legitimacy derives from trust in the democratic process that led to a judge being nominated and confirmed. As that trust erodes so does the legitimacy of the judiciary. https://twitter.com/orinkerr/status/1277892421913686021
Few folks expect judges to not have political opinions or jurisprudential stances. We expect them to rule on the facts and law from experienced, transparent, fair, and as impartial stances that apply their unique exegetical perspectives - once confirmed.
When executives obtain office by fraud they call into question the legitimacy of the nominating process. When the norms governing confirmation are broken for partisan purposes it delgitimaizes the the confirmation process.
The end result is the erosion of the trust necessary for the judiciary to function in a free society by making it easier and in cases more desire able for people to cast aspersions on the judiciary in a mild form of protest, or ultimately to take the law into their own hands.
Citizens in our oaartisan capacity should criticize the legitimacy of case results. That’s normal. Citizens in our patriotic capacity have a duty to the common good to work to repair any processes that lead to the breakdown of trust in the nomination and confirmation processes.
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