News of the death of Justice Scalia, a Reagan appointee, has broken in upon our endless political campaign, and will surely give the candidates something new to talk about in the weeks to come. That was very first thought on hearing this news. I apologize to those to whom it seems crude. I have no personal knowledge of Scalia, but am perfectly happy to believe that he was a wonderful man and to commiserate with his family and friends. I disagree with his jurisprudential ideas in a number of respects. But my first thought was and is neither personal nor jurisprudential; it was and is plainly political. Further, I'm thinking just now of another campaign year, 1968. In June of that year, Chief Justice Earl Warren announced his retirement. He did this precisely because he thought it would give President Johnson plenty of time to choose a replacement for him, and the Senate time to act upon it, thus preserving his own considerable legacy. Johnson replied by nomi...