I thought I had inadvertently clicked on the Onion this morning when I saw the headline: “Lesbian Lawyers Eyed for Supreme Court.” But no, it was Politico. Shortly thereafter it was changed to the tamer: “Groups push for first gay justice.” Putting aside whether Politico is living up (down?) to its reputation of lacking in journalistic gravitas, one has to question whether we have now reached the ludicrous outer limits of judicial-nomination-by-bean-counting. What is next — “AARP Pushes For Geezer On The Bench”?

But this, I suppose, is what comes from treating the Court like a policy seminar. If the Court is not simply going to determine what the law says but make it up, groups are right in some sense to push for “their person” on the bench. If the name of the game is for judges to find the most deserving of empathy, then you want to make sure those deciding have your interests in mind.

The result is the annihilation of rule of law. It is all about “who has the votes”. And that, sadly, is really what the headline should be.