I share co-blogger Sam's misgivings about Josh's post assessing the courage of the justices, which I think demonstrates a fundamental misunderstanding of judicial psychology.

There's a difference between lacking courage, and just not agreeing with your colleagues (or your blog critics) about the right thing to do. I've never seen good evidence that the justices secretly agreed with Josh about the right path in any of these cases and were shying away because of a lack of courage.

Read more at The Volokh Conspiracy