You know, the Court is not like a legislature; we don’t vote a particular way because we would like that outcome. We have to account for everything we do by giving reasons for it. So there’s no cross-trading at all on the Court. What there can be is, instead of deciding the great big issue, we can agree on a lower ground, on a procedural issue, perhaps. Justice Sandra Day O’Connor was a grand master at that—getting the Court to come together on a ground on which we could agree, and defer the bigger battle for another day.
