As we look towards the very real possibility that the next President of the United States will have an opportunity to nominate several Supreme Court justices, it is critically important to focus attention on a judicial virtue that has been neglected of late: Grit, that is, firmness of mind in the face of adversity.
After five years of stall tactics and changing the rules to whatever suits him, Senator Ron Johnson long ago forfeited whatever deference he feels he is owed. The president has a list of names and he should act, selecting the nominee who will best protect the rights of everyday people in Illinois, Indiana, and Wisconsin.
To say that the judiciary is duty-bound to say "what the law is" and should not simply rubber-stamp the actions of the other branches is not to say that the other branches have a duty to obey its decisions. But holding the contrary position would make the judiciary an inferior branch and risk creating an uncertain and dangerous state of affairs.