Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today's intensely ideological assault is nearly unprecedented.

Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the -imperial judiciary.- American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy...