Americans have moved into ideological echo chambers... everything they read or hear reinforces their predispositions and makes them more intolerant o… - Laurence Tribe

For all these reasons, I hope you will reach the conclusion that Elena Kagan should be your first nominee to the Court. ...I can hardly contain my enthusiasm at your first hundred days. I don't underestimate the magnitude of the challenges that remain, and I... hope that I can before too long come to play a more direct role in helping you meet those challenges, perhaps in a newly created DOJ position dealing with the rule of law, but my main sentiment... is one of enormous pride and pleasure in being an American at this extraordinary moment in our history.

[M]y reference to an "invisible" Constitution should not be confused with the way some... are prepared to disregard all or part of the Constitution in times of crisis, real or manufactured. My interest... is in what... the Constitution's words cannot hope to reveal. I'll leave for another day the views of some that—because the Constitution is not... a "suicide pact"—we should sometimes act as though parts of what it says have conveniently become invisible.

The inescapable boundaries of societal context and consciousness argue... that [judges] must raise distinctive voices of principle.