The United States seems to have lost a comforting illusion. The Republican trickery of keeping a seat open for a year until their own guy could fill it, then four years later rushing through a confirmation because ... the next guy couldn't be allowed to fill it -- this has been rather hard on the notion that Supreme Court Justices are in some important sense above the grubby world of politics. Should we regret the loss of that illusion? In a book I wrote decades ago, about the history of the politics of the Supreme Court, focusing on the period from FDR to George H.W. Bush, from the court-packing plan to the Clarence Thomas hearings, I took a broad position I called "minimal formalism." A full-blooded or maximalist formalist would answer "yes" to this question. Indeed, he would probably say, "It has not always been an illusion, for important parts of American history it has been the truth -- we should regret, first, the fact that it became an illusion and...