In those days, the late 1970s, one of the leading politicians was a soon-to-be uncle by marriage of Arnold Schwarzenegger, named Ted Kennedy.

The takings clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.

Of course, conservatives always claim to be against judicial activism.

I have a saying: the scandal isn't what's illegal, the scandal is what's legal.

He's nice enough not to want to be associated with a nasty remark but not nice enough not to make it. Lacking the courage of one's nastiness does not make one nice.

Among the social sciences, economists are the snobs. Economics, with its numbers and graphs and curves, at least has the coloration and paraphernalia of a hard science. It's not just putting on sandals and trekking out to take notes on some tribe.

So the danger of conservative judicial activism has been averted for another year. Stay tuned.