If It Were Up To Me, I

People Look At Rights As If They Were Muscles — The More You Exercise Them, The Better They Get.

There Is No Basis In Text, Tradition, Or Even In Contemporary Practice (if That Were Enough), For Finding In The Constitution A Right To Demand Judicial Consideration Of Newly Discovered Evidence Of Innocence Brought Forward After Conviction. My Concern Is That In Making Life Easier For Ourselves We Not Appear To Make It Harder For The Lower Federal Courts, Imposing Upon Them The Burden Of Regularly Analyzing Newly-discovered-evidence-of-innocence Claims In Capital Cases (in Which Event Such Federal Claims, It Can Confidently Be Predicted, Will Become Routine And Even Repetitive).

Having Had The Good Fortune To Serve Beside Her On Both Courts, I Can Attest That Her Opinions Are Always Thoroughly Considered, Always Carefully Crafted And Almost Always Correct (which Is To Say We Sometimes Disagree). That Much Is Apparent For All To See. What Only Her Colleagues Know Is That Her Suggestions Improve The Opinions The Rest Of Us Write, And That She Is A Source Of Collegiality And Good Judgment In All Our Work.

[the Freedom Of Information Act Is] The Taj Mahal Of The Doctrine Of Unanticipated Consequences, The Sistine Chapel Of Cost-benefit Analysis Ignored.

But I Also Believe That A Lot Of Gun Owners Would Agree That Ak-47s Belong In The Hands Of Soldiers, Not On The Streets Of Our Cities.