She says that judges ought not create new constitutional rights, nor change what the Constitution protects, nor change the meaning of the Constitution. Now, she may not really believe this, but I agree with James R. Copland’s post earlier today that such concessions are a moral and intellectual victory. Maybe it will even have some practical impact. Hypocrisy may be the tribute that vice pays to virtue, and hypocrites may be confirmed, but at least we have established what virtue is and what vice is.