Cass speaks, I link

Cass Sunstien writes an Op-Ed on the terrifying assault on judicial independence. In the past, I believe I've called this, "deciding individual cases by which side yells the loudest." Maybe it would be better to call it, "deciding individual cases however they want whenever the Republicans yell loudly."

I don't fully understand the last paragraph of the Op-Ed about how this plays into judicial confirmation battles, since it seems to me who a judge is should be totally irrelevant under this view.