of mine is the use of the adjective “unconstitutional” as shorthand for “likely to be found unconstitutional by the Supreme Court.” These aren’t the same thing. For example: The South Dakota legislature is considering a ban on abortion. Columbia University law school professor Michael Dorf says, “Barring a change in personnel on the Supreme Court, the South Dakota bill is clearly unconstitutional, and would almost certainly be enjoined before going into effect. I doubt that you will find any reputable constitutional scholar to say otherwise, though of course people may disagree about how they would like to see the courts rule.” Off the top of my head I can come up with 7 or 8 reputable constitutional scholars who I’m pretty sure would contradict the claim of unconstitutionality. His prediction about the injunction is much more solid.