I immediately lost what breath I had left. And I am not embarrassed to admit that I couldn’t see the rest of the way down the mountain for the tears. - Neil Gorsuch

This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there’s little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs — real-world laboratories in which ideas can be assessed on the results they produce — are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.

Courage remains as important in the legal profession today as it was then. Throughout our history lawyers who have made the greatest mark on this country haven't done so because they were smarter or were born into better families or held more important positions; it was because they were willing to stand firm for justice in the face of immense pressure and often at grave personal costs.

The self-defining nature of intended actions can be illustrated by the case, developed earlier in this chapter, of the drivers who hit the child in the street. In one instance, we considered the driver who comes upon a child darting into the street. The driver hits and kills the child by accident. In doing so, the driver indubitably effects an awful result- the consequences he brings about are terrible and, as a result, we may censure and punish the driver. But we may very well treat him differently from another driver who intentionally hunts down the child with her car. For this latter driver, we may say that no punishment is harsh enough. What undergirds the difference in our reaction to the two drivers? It is the difference in their self-definition, volition, choice. The hunting driver expresses herself to the world through her actions, defines who she is and what she believes, in a very different way than the accidental driver. Thus, what really illuminates the darting child hypothetical and ones like it are not arguments over causation but an assessment of human intentions.