“WHAT I’D LIKE TO KNOW IS: how did Roberts decide that this is the kind of issue ‘courts usually decide’? That itself is a decision. What’s the standard for saying the Supreme Court shouldn’t decide an issue? Is it just based on whether the Justices have a bad feeling about the whole thing? And aren’t issues of minority rights exactly the kinds of issues that are often very important for the Supreme Court to decide?”
ADDED: Scott Walker showed a far superior instinct back in January. What’s happened since then?