Keith -- I think framing it as the justice in the individual case, as opposed to who is the underdog, is more helpful. I was very confused, for example, in the Alito confirmation when Ted Kennedy talked about how often Alito sided with the "big guy" against the "little guy" (in one case, a nurse had sued a hospital that had fired her after she endangered patients lives because she had refused on religious grounds to scrub in on abortions, then refused another job where she wouldn't have to -- she was undeniably the 'little guy,' but the hospital seemed nevertheless 'just' to me). I still think that sometimes identifying the 'just' solution can be hard (which does not mean I don't think we ought to try). I do think we ought to consider the consequences of our interventions, though inactions and paralysis are of course choices with consequences too. Michael I am intrigued by the movement to include language to keep judges from misconstruing -- not optimistic that the judges would always listen, but intrigued.

-- AndrewCase - 17 Feb 2009