And the Court has only itself to blame.
"The Court’s adventurism and self-aggrandizement has had insidious consequences," said David A. Kaplan, author of "The Most Dangerous Branch" (Crown), out now.
This month’s bare-knuckle brawl in the Senate is all the proof we need that judicial activism has grotesquely warped American politics, Kaplan argues.
"By inserting themselves into our most controversial political issues, the justices raised the stakes and led us into to these confirmation battles," he told The Post. "They didn’t intend that, but you can draw a straight line."
If the Senate’s Republican majority holds together and seats Kavanaugh for the Court term that begins this week, the effects could be profound.
But in recent decades, dysfunctional legislators have prioritized incumbency and shied away from contentious debates. Their refusal to write laws that would force them to choose sides has conferred power on the judicial branch ‐ and judges have leapt into the vacuum to make the rules themselves.
...
"The justices do because the justices can," Kaplan said. "But we too readily look to the courts to solve our problems. We ought to have more faith in our democracy."
The court lets gutless politicians off the hook. And the general electorate none the wiser.