As we approach Election Day, you might wonder why everyone is fussing so much over whether the Democrats or the Republicans will control the Senate for the next two years. After all, with the Democrats in control of the White House and the Republicans in control of the House of Representatives, why does it matter who controls the Senate?

Even if the Republicans control both the House and the Senate, they can’t enact any laws without the President’s approval, and even if the Democrats control both the Senate and the White House, they can’t enact any laws without the approval of the House. In short, no matter who wins the Senate, we have gridlock.

There is at least one respect in which control of the Senate is truly critical, though. This concerns judicial appointments.

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