Strengthening Constitutional Self-Government

No Left Turns

Minimalists and visionaries

That’s how Cass Sunstein would divvy up the conservative bloc on the Supreme Court. So far, the evidence seems to support his distinction: Justices Scalia and Thomas want to reach the big questions, while Justices Roberts and Alito want to find a relatively narrow, if not the narrowest possible, ground for the ruling, not overruling precedent if they don’t have to.

Thus far, this combination has generally succeeded in carrying along Justice Kennedy. What would happen if they didn’t need his vote (my fond hope) is anyone’s guess.

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