I think that the distinguished former justice is liable to run into resistance from the usual suspects.  Nevertheless, there is some awareness of the issue in the popular consciousness, due in no small part to a legal potboiler, “The Appeal,” by popular novelist John Grisham. Last march, the Wall Street Journal editorial page hastened to reassure us: “At the end of the day, however, the problem isn’t the power of business groups, like the fictional chemical company in his novel. Trial lawyers in each state are the ones with the financial and organization incentive to work year-in and year-out to shape the local judiciary to their liking.”

Heavens, no — “the problem isn’t the power of business groups.” By all means, gentle reader, keep your head in the sand — never direct your attention to the power of business groups! But, at the very least, think about this: Would you like your most vital interests, or your very life, to be in the hands of a court of law — in which the judge had been forced to take a public position on the issue at hand, during a recent sensational election campaign for the post?