Allison Haywardโ€™s take on the Supreme Courtโ€™s decision in Randall v. Sorrell is, I think, right on. It is also worth noting that the theme at the heart of Justice Breyerโ€™s opinion โ€” that is, that the Constitution authorizes, or even requires, judges to evaluate legislative enactments against an amorphous standard of โ€œwhatโ€™s good for democracy and competitive electionsโ€ โ€” is one that he and others are sounding in other contexts, as well. Remember, for example, last yearโ€™s Ten Commandments cases. In those cases, Justice Breyer was the โ€œswingโ€ vote and โ€” drawing on ideas he laid out in his recent book, Active Liberty โ€” he reasoned that the task of judges who interpret and apply the Establishment Clause is to identify policies or actions that are, or might be, โ€œdivisive,โ€ and to invalidate them for that reason. As I have argued, though, judicial predictions or observations about โ€œdivisivenessโ€ โ€” or, for that matter, non-competitiveness โ€” should do minimal work in supplying the Constitutionโ€™s binding content.