Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book.

Résumé
One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how-and why-the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.

Contenu
Part 1 Argument: leaving things undecided; democracy-promoting minimalism; decisions and mistakes; minimalism's substance. Part 2 Applications: no right to die? affirmative action casuistry; sex and sexual orientation; the first amendment and new technologies. Part 3 Antagonists: width? Justice Scalia's democratic formalism; depth? from theory to practice; conclusion - minimalism and democracy.