David raises the interesting question of whether conservative justices "mak[e] decisions in ways that create political debates sure to help Republicans." (And whether liberal justices similarly decide cases in ways that are likely to mobilize Democrats.) If so, then the five-person conservative majority missed a chance in Heller : Deciding for D.C. would probably have motivated the conservative base, while deciding for Heller probably fails to mobilize them very much. David doubts that such considerations actually motivate the justices. Similarly, David asks whether the smart move by Republican-appointed justices really is to hollow out Roe and Casey instead of overturning them.
what I have said before. We should not confuse the motivations of presidents and party leaders in nominating certain justices with the motivations of the justices themselves.
TODAY IN SLATE
The Most Terrifying Thing About Ebola
The disease threatens humanity by preying on humanity.
I Bought the Huge iPhone. I’m Already Thinking of Returning It.
Scotland Is Just the Beginning. Expect More Political Earthquakes in Europe.
Students Aren’t Going to College Football Games as Much Anymore
And schools are getting worried.
Two Damn Good, Very Different Movies About Soldiers Returning From War
Lifetime Didn’t Think the Steubenville Rape Case Was Dramatic Enough
So they added a little self-immolation.
Blacks Don’t Have a Corporal Punishment Problem
Americans do. But when blacks exhibit the same behaviors as others, it becomes part of a greater black pathology.