NEW: Sen. Whitehouse and Rep. Johnson respond to yesterday's Supreme Court counsel's letter defendi

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23. They're trying to prepare new ground

For over 200 years, the Supreme Court has been a law to itself. Only in the last 25 years or so has it become a problem, as demagoguery has replaced jurisprudence. The rule of law and precedent have been reduced to a bagatelle, supplanted by ideological concerns that reverse-engineer the desired outcome regardless of law, custom, practice, and precedent.

Reform of the judiciary is due and overdue. Breaking with the traditions of 200 years is difficult, and won't be accomplished overnight. Whitehouse and Johnson are preparing the way, pointing out the need for judicial reform and groping toward an acceptable program of review and oversight of the actions and habits of Supreme Court Justices. The Court will squawk mightily about being reined in, but they have only themselves and their naked partisanship to blame. These are the first wobbly steps on the path to independent accountability for the Supreme Court.