This strikes me as a pretty good example of what goes wrong when Rosen tries to force-fit his ideologues-pragmatists view of conservative jurisprudence where it really doesn't work.
Here, he arbitrarily labels "free-market conservatives" as the "pragmatists" while "states-rights conservatives" are the "ideologues." He offers no justification for those labels, and, indeed, you could just as easily reverse the labels: After all, Justice Holmes famously criticized free-market ideologues on the early-20th-century court , and Justice Brandeis' description of the role of states as our Republic's "laborator[ies]" was, of course, a pragmatic one.
Ironically, Rosen's own error on this point likely is rooted in ... his ideology. So devoted to his view of Scalia and Thomas, he allowed this sort of error to creep into his analysis.
TODAY IN SLATE
The Right Target
Why Obama’s airstrikes against ISIS may be more effective than people expect.
The One National Holiday Republicans Hope You Forget
It’s Legal for Obama to Bomb Syria Because He Says It Is
I Stand With Emma Watson on Women’s Rights
Even though I know I’m going to get flak for it.
Should You Recline Your Seat? Two Economists Weigh In.
It Is Very, Very Stupid to Compare Hope Solo to Ray Rice
Or, why it is very, very stupid to compare Hope Solo to Ray Rice.
In Defense of HR
Startups and small businesses shouldn’t skip over a human resources department.