“We also had the flip side of the expansion of powers: the warping of rights. In 1938, the infamous Footnote Four in the Carolene Products case bifurcated our rights such that certain rights are more equal than others in a kind of Animal Farm approach to the Constitution. So it’s the New Deal Court that politicized the Constitution, and thus also the confirmation process, by laying the foundation for judicial mischief of every stripe-- but particularly letting laws sail through that should be invalidated. The Warren Court picked up that baton by rewriting laws in areas that are best left to the political branches, micro-managing cultural disputes in a way that made the justices into philosopher kings, elevating and sharpening society’s ideological tensions.”