"Illuminating," McGough wrote, "because the bulk of the book presents a concise primer of how the confirmation of Supreme Court justices evolved (or devolved) from the elite process intended by the framers to populist free-for-alls.

"Exasperating, because the cure he proposed for the ailing confirmation system is worse by far than the disease."

McGough objects because of problems with Pennsylvania's election system for judges, but he said Davis' rationale for election of justices will require a response from those who defend the current process.

"It starts a debate," Davis said. "It forces, I hope, the status quo defenders to come up with reasons we should stick with the status quo."

It's a debate the talk shows should be hungry for as soon as a vacancy occurs.

"We've gone for 11 years, and there is a lot of tension that has built up," Davis said. "It would be like being ready to go to war with Iraq and then waiting for 11 years. My proposal regularizes Supreme Court elections. That would lessen the tension. If your side lost one, you'd know you'd have another one in two years."

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E-mail: twalch@desnews.com