"hy do thoughtful judges and scholars continue to put forth the process-perfecting theories as though such theories could banish divisive controversies over substantive values from the realm of constitutional discourse by relegating those controversies to the unruly world of power?"

“governmental regime of guidelines which have to be followed, which do not involve private restraints because they would not enjoin any speech in advance. Those guidelines need to be in place so that we don't unfairly surprise the owners of Facebook, or other platforms, or Twitter, but... avoiding the ex-post facto effect of imposing rules after the fact is not the same as violating the doctrine, which basically says you can't muzzle people in advance.”

“Now the country is faced with a president whose conduct strongly suggests that he poses a danger to our system of government. ...mpeachable offenses could theoretically have been charged from the outset of this presidency. ...One important example is Trump’s brazen defiance of the ...The question of Russian interference in the presidential election and possible collusion with the Trump campaign go to the heart of our system and ability to conduct free and fair elections. ...eporting suggests... the... sinister, with Trump insisting that Comey pledge "loyalty" to him in order to retain his job... the president turned to Twitter with a none-too-subtle threat that Comey would regret any decision to disseminate his... conversations... Nixon’s... list of actions... deemed... impeachable obstruction reads like a forecast of... Trump... misleading statements to, or withholding material evidence from, federal investigators or... employees; trying to interfere with FBI or congressional investigations; trying to break through the FBI’s shield surrounding ongoing criminal investigations... he crucial thing is that the prospect now be taken seriously, that the machinery of removal be reactivated, and that the need to use it become the focus of political discourse...”

“e’re skeptical that so-called "impeachment precedent" commands deference apart from its power to persuade future generations. Congress isn’t bound by its own prior decisions.”

“he woman's right to decide for herself... is now subject to regulation, and possibly even prohibition, by our elected representatives. ...Even as the public agenda is stretched to address... questions as the, no issue threatens to divide us politically in... as powerful a way as the abortion issue...”

“I... organize the constitutional principles, rules, and theories... in terms of the seven basic models that... have represented the major alternatives for constitutional argument and decision in American law from the early 1800s to the present.”

“I'm not comfortable with there being no restrictions. I'm a member with and and others of... the Real Facebook Oversight Board. I think the government should put some limits on them partly because they're so powerful. That does not mean that anybody who wants to has the right to use the platform. The limits are limits that have to be consistent with the first amendment restrictions on the government, but we can't simply transform these platforms into... places that anybody can use, when they are... privately owned, however powerful, however large.”