Replies

To be sure, you make an excellent point, but I just wanted to make clear that my past comments have not been intended to address the question of motivation but simply legal context. The current Supreme Court is far too inscrutable for me to figure out what, precisely, it's thinking in the course of most decisions. If they actually followed some consistent application of Constitutional law, then they would be far more predictable...

I also think it's highly problematic that commentators so frequently have to say things like: 'We'll just have to see how the Court applies this ruling toward future rulings.' In my view, proper Supreme Court rulings should lend themselves to such effortless interpretation that one could easily predict their future application. This Court's novel approach of patterning its jurisprudence to the evolvement of societal norms is quite unstable, to say the least..