For better or worse, we are the Court of Appeals for the Hollywood Circuit. Millions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights. But much of their livelihood - and much of the vibrancy of our culture - also depends on the existence of other intangible rights: The right to draw ideas from a rich and varied public domain, and the right to mock, for profit as well as fun, the cultural icons of our time.

I was born under Communism. I know what it's like to live in a system where you can't speak, you have to whisper. Where the state is so pervasive and so intrusive.

The death penalty is barbaric. And I think we as a society need to come face-to-face with that. If we're not willing to face up to the cruelty, we ought not to be doing it.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime usually do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed only for those exceptionally rare circumstances when all other rights have failed. A free people can only afford to make this mistake once.

In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day.

Just to prove that even the silliest idea can be pursued to its illogical conclusion, Legal Realism spawned Critical Legal Studies.

It's not that unusual for presidents to take strong positions on cases decided by the court. But you know, Lesley, that's why the Constitution wisely gave us life tenure. They can talk about us, but they can't remove us.