The Paradox of Populism; Or why conservatives cannot pack the court
In Battle to Pick Next Justice, Right Says, Avoid a Kennedy - New York Times
Ever since the elevation of Earl Warren, Republican presidents have picked justices who disappoint the Republican faithful: William J. Brennan Jr. (President Dwight D. Eisenhower), Harry A. Blackmun (President Richard M. Nixon), John Paul Stevens (President Gerald R. Ford), Sandra Day O'Connor (President Reagan) and David H. Souter (the first President Bush).
One result is rage at what Mr. Bork sees as subverted democracy. Even though Republicans keep winning elections, he said, the court "can say that the majority may not rule" in areas where permissiveness reigns, including abortion, gay rights and pornography. Calling most justices "judicial oligarchs," Mr. Bork said they reflected "the intelligentsia's attitude, which is to the cultural left of the American people."
Conservatives: You want a small group of very smart, educated people to occupy positions of power so you select the likes of Justices Kennedy, O'Connor and Souter--who turn out not to be reliably conservative after all. You then complain that they lack "moral clarity" and do not represent the views of the masses. What do you expect: they aren't representative of the masses. They're very smart, educated people--that's why you put them on the Supreme Court--so they don't hold the dumb, simple-minded views of the masses. And, they're in for life so, unlike politicians they aren't (thank God) accountable to the masses. You can't win.
Liberals: You love the masses--you want not only to benefit them but to give them "voice." You respect their culture. But the masses detest you and reject all your dearest values--they're simple-minded, short-sighted, conventional, puritanical, sexist and bigoted. If you succeed in establishing an authentic democracy where they run the show--whether in the US or in the Middle East--they will install conservative policies that defeat your purposes. You can't win either.
I may be wrong but at least I'm consistent: the aim is to "kill the Indian to save the man." Make everyone a latte-drinking Liberal: not overwhelmingly difficult if you're prepared to spend the money on providing everyone with the security, standard of living and quality of education the elite now enjoy--and to recognize that you aren't doing disadvantaged people any favors by affirming their cultures or giving them "voice."