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I wanted to comment on Roberts's 40 questions, which have provoked much commentary.  If I understand Steve and Andy correctly, they dismiss Roberts's concerns by arguing that the recent Heller decision, like most landmark SCOTUS decisions, leaves numerous unanswered questions.  But my understanding of Roberts's point is that his unsettled questions go to the legitimacy of adjudication itself, and that they potentially apply to the majority of cases in states where judges run for office.  On that basis, reasonable people could draw a distinction between Caperton and Heller, even if they liked Caperton's result.  If so, the proper response to Roberts isn't that all major decisions produce unanswered questions and unsettling results but rather that he's made a bad prediction about Caperton's effects.  Which brings me back to the predictions of Steve, Andy, and Alex.