Cass Sunstein has a really strange TNR piece trying to make the case that even though Alito and Roberts vote all the same ways as Roberts and Scalia, there’s an important difference in that the former two are “minimalists” (which Sunstein thinks is good) whereas the latter two make sweeping theoretical claims.
The obvious riposte to this is: So what? That they have a different literary style is neither here not there unless you have some reason to believe they might rule differently (ruling on cases, after all, is what justices do) from their conservative colleagues in the future, and Sunstein has none. At any rate, see Jonathan Zasloff and Scott Lemieux for more on this if you’re interested.
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