[ Oops! I managed to have temporarily forgotten my guest blogger password for the Socallawblog where I would normally put this post, so it looks like Calblog will reap a temporary benefit of my wisdom this time around (/playful sarcasm tone off) ]
Despite some wishful thinkers, I continue to maintain that the battle over Supreme Court jurisprudence is lost (regardless of who the future nominees to the Court are).
If we lived in an alternate reality though, Kenneth Anderson has some interesting thoughts about how Constitutional textualists might use the Left's own weapons against them in the legal-culture wars.
Addendum: Although Anderson gives us some good food for thought, he also manages to simultaneously prove my original point when he ultimately confesses, "I think Roe was a bad decision, with spectacularly subpar reasoning, and it would have been better to have left these questions to state legislatures. That said, I regard Roe as settled law..."
Anderson is hardly the only one who feels this way. That is why a textualist revolution in Constitutional Law is a lost cause. (Sorry folks!)