Hi, Orin, the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion isn't up there with Roe. But in other areas, the court looks bigger to me, and the disagreements ...

The Supreme Court is cogitating over the meaning of the Second Amendment. I have previously suggested that it might wish to research and draft the opinion first before voting.   It is an important case not just for the scope of a largely under-interpreted provision, but also for the legitimacy of the Court. The oral argument, ...

Eugene Volokh takes Dahlia Lithwick to task for accusing Republican Supreme Court justices of hypocrisy when in fact they are merely applying their (''conservative'') judicial philosophies in a consistent manner.  Dahlia thinks that conservatives believe that courts should leave policy to legislatures, respect precedent, and refrain from ...

 Stopping the Justices from voting before they know the answer – A proposal for reversing the internal operations of the Supreme Court of the United States. Douglas W. Kmiec Heller has already been identified as a test of the fidelity to precedent and restraint of the Roberts Court.  That following oral argument, it seems possible if ...