The Boston Flag Case

Conservative justices are staking out ever more aggressive positions, even when they've got unanimous opinions. This is a constant theme in these types of cases, the theme being that conservative justices are staked out ever moreaggressive positions. The liberal justices are trying to defend existing precedents, and sometimes with kind of meagre, moderate concurrences,. What they haven't done, i think sodemar is exceptional here, is take out the corps principles and defend them. It's really stunning, i think we hadn't seen a full defence of the lemon framework until the court overruled the decision.