The most profound impact the next president will have on the direction of the country, aside from prosecuting the war on terror, pertains to the nomination of judges. Absent retirements before the November election, the next president will likely nominate between two and four justices to the Supreme Court, as well as scores of judges to the federal district and appeals courts. The question accordingly arises: How would a President Kerry select nominees for the judiciary? Justice Scalia has noted that the tendency of judges to make, rather than interpret, the law necessarily causes the Senate's advise-and-consent function to devolve...