"Some judges profess a single explanatory theory for construing the Constitution, a doctrine that makes one value — majority rule, or limiting government, or minimizing judges' discretion — trump all others. Most such judges will flinch from following that doctrine to conclusions inconsistent with either a long line of precedents or the nation's current sense of justice. But flinching will not save such judges from being portrayed as willing to let severe logic lead the law to conclusions that the nation has decided are unacceptable." "... judicial responsibility for refereeing, by constitutional principles, the government's behavior. And the public's behavior,...