Once again, the idea that every Supreme Court case presents us with two options, the “liberal” and the “conservative”, and the outcome is determined by which inflexible faction Justice Kennedy joins, comes up against reality, as manifested in Schwartzenegger v. Entertainment Merchants Association, and the jurisprudential individuality of the Justices. Justice Scalia hasn’t been in such form since Hamdi. Sadly, some of the “progressives” commenting at Volokh have something of a tin ear for his sarcasm. That’s OK. They can profess surprise later, and then promptly forget that they have done so.