Pulling a crystalline, cogent rule out of the murk of the court's First Amendment, public forum, and Establishment Clause doctrine is an act of creation too complicated for mere mortals.
Dahlia LithwickAm I right in saying that the locust of this problem is simply that judges in America are half political animals and half oracular demigods?
Dahlia LithwickTaking legislative authority away from the federal government doesn't necessarily mean freer individuals. It might just mean granting vastly more authority to the states--which already have far broader police powers than most of us would care to admit.
Dahlia Lithwick