I wish people on HN would stop acting like “magic arbiter” solutions are “not realistic”, when in reality it’s the only way things have every worked. Are federal judges “magic arbiters”? Yes. Do judges make bad calls? Yes. Do we not like when large numbers of judges who are unfriendly to our side get life appointments? Yes. Has anyone proposed an actual better way of solving these kinds of problems? No.

So to get back to the point: Yes the solution is to appoint someone a magic arbiter, and hope they don’t screw up. The fact that it’s a deeply imperfect way of solving problems doesn’t mean it’s not workable. It just means it will backfire at some point, and someone else will get appointed instead.