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 Ebola Story
How our minds build narratives out of disaster.
The Budget Disaster That Completely Sabotaged the WHO’s Response to Ebola
PowerPoint Is the Worst, and Now It’s the Latest Way to Hack Into Your Computer
The Shooting Tragedies That Forged Canada’s Gun Politics
A Highly Unscientific Ranking of Crazy-Old German Beers
Welcome to 13th Grade!
Some high schools are offering a fifth year. That’s a great idea.
The Actual World
“Mount Thoreau” and the naming of things in the wilderness.