comment: >
  
  It also doesn't help they dropped the requirement for confirmations to a simple majority of 51, down from 2/3s majority. Sure it doesn't help if 2/3 of the Senate is represented by a single party, but in today's world it would be a much more moderating requirement as the candidates would have to appeal to both parties to get confirmed.
context: Because there's no reason to think they're impartial. It'd be impossible to make that argument given the changes made and the politics involved in appointing them. >
  
  And basically there's an odd number of them, so in normal circumstances there's always going to be a bias towards the majority party affiliation. Even if you argue that they can be partial themselves, the selection process via President and then Senate confirmations all but ensures a highly partisan nature just to get past that screening.