Despite being thoroughly unqualified to occupy the bench, Elena Kagan will most likely be confirmed to the Supreme Court. This is because most of our hundred senators are almost as unqualified to judge a judge as she is to be one. What is the proper criterion to apply? Well, a simple analogy illustrates the point best. Let's say you needed to hire a football referee. If he said that he was a "pragmatic" referee, who viewed the rule book as "living" and thus would interpret the rules to suit the "times," would he be your man? Since it's the job...