This op-ed was originally published on Law360. It is reposted here with permission. Now that President Joe Biden has reiterated his campaign promise, we know that the next person to be subjected to a U.S. Su...

Note: This article first appeared in the fall 2021 issue of The Judges’ Journal, a publication of the American Bar Association Judicial Division. The theme of the issue was “Judging in a Politicized Amer...