that I’ve heard to explain the Court’s shrinking docket, Matt, is that a closely divided committee will tend to decide as few things as it can, and decide those in the narrowest manner possible. That might explain both the number and nature of recent opinions, and the recent vogue for “judicial minimalism.”

About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
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