The Big Picture and the Closeup

Time to rid ourselves of some laws that block up the hallways of our national home and impede the country’s progress. I have three that I would suggest hauling away.

When, at his confirmation hearings, Chief Justice Roberts claimed his job was just calling balls and strikes, he was being disingenuous. The very concept of balls and strikes presupposes a strike zone, and constitutional interpretation is full of competing strike zones. In fact, there aren’t even reliable rules for choosing among these strike zones.