One case at a time : judicial minimalism on the Supreme Court

Abortion, affirmative action, the "right to die", pornography and free speech, homosexulaity and sex discrimination; as eagerly as the Supreme Court's rulings on these issues are awaited and as intently as they are studied, they never seem to settle anything once and for all.

But something is settled in the process - in the incremental approach - as Cass Sunstein argues in this text.

The text lays-out and celebrates the constellation of rights - involving both liberty and equality - that now commands consensus in American law.

A guide to the Supreme Court, it offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.