Yet more on legal realism...

Dick Posner provides further evidence for my earlier points about legal realism and judicial confirmation (e.g., here). From this interview, discussing the "politicization" of the judicial confirmation process:

"I don't object to the fact that Senators are concerned about the ideology of judicial candidates; the President is concerned, so why shouldn't the Senators be? Anyone who is realistic about the American judicial process knows that ideology affects decisions, especially the 'hot button' decisions that engage the attention of politicians; and Senators are politicians."