Justice and the Rule of Law

Very thoughtful piece by David Rose on consequentialist thinking and the rule of law. An excerpt:

If confirmed, Ms. Kagan may hear a constitutional challenge to the mandatory insurance requirement of the new health-care law.

A nonconsequentialist judge would examine whether the Constitution empowers the federal government to require citizens to purchase a private good (health insurance) and make a ruling on that basis alone.

But a consequentialist judge would look beyond the law and consider...