Sublime

Any concept of justice that hopes to win broad support in the real world has to be political in these three ways: to be narrow in scope; to be free-standing of any comprehensive moral doctrine; and to be grounded in widely shared ideas drawn from the public political culture. The original position ensures that Rawls’s principles possess these featu

Indeed, I will argue that liberty in the broad sense requires judges and officials, when applying legal principles, to assert norms of reasonableness. Otherwise, self-interested people will use law to claim almost anything.

The freedom to decide what is my own good is enshrined in Justice Anthony Kennedy’s majority opinion in Planned Parenthood v. Casey (1992): “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

When the law favors your position, identify it and return to it again and again.