in keeping with tradition—that the brand-new Justice would be slated for an uncontroversial, unanimous opinion. When the Chief’s assignment list came round, I was dismayed. The Chief gave me an intricate, not at all easy, ERISA case, on which the Court had divided 6–3. (ERISA is the acronym for the Employee Retirement Income Security Act, candidate for the most inscrutable legislation Congress has ever passed.)

