Krauthammer understands what Brooks does not

Excellent Krauthammer piece on judges this morning. (H/T to the new NRO Bench Memos Blog.)

Two hundred years of tradition has been radically and unilaterally changed by the minority. Why? The reason is obvious. Democrats have not had a very good run recently in the popularly elected branches. Since choosing the wrong side of the culture wars of the 1960s, they have won only three of the past 10 presidential elections. A decade ago they lost control of the House for the first time in 40 years, and now have lost all the elected branches. They are in a panic that they will lose their one remaining ability to legislate -- through the courts.

And he makes a point that I made three weeks ago.

Democrats would allow some appellate court nominees to go through, deny at least three others, and promise not to filibuster a Supreme Court nominee as long as there are no "extreme circumstances."

But of course Democrats believe that anybody who, say, opposes affirmative action on principle is extreme. As is anyone who believes (as, for example, I and many others do) that abortion should remain legal but that Roe v. Wade is a travesty -- an extreme case of judicial arrogance and constitutional invention -- worthy of repeal.

If Republicans accept this kind of deal, they are fools.

Couldn't agree more.