Um, those are deep waters, and generalizations are perilous ...

Rick writes:  "For me -- more than, I think, for Michael [Sean Winters] -- it is . . . a departure from justice, when our Supreme Court overreaches to invalidate even unjust immoral enactments of politically accountable representatives."

Rick, I don't have time to go into it now, but I can imagine situations--in my lifetime if not in yours--when it would not have been a departure from justice but a just act for SCOTUS to overreach.

Kent Greenawalt and I will be discussing just that issue at the Second Circuit Judicial Conference, in New Paltz, New York, on June 3.