in the Weekly Standard. I like the piece, and I'm delighted that Professor Nagel thought my work worthy of public disagreement.

Naturaly, I don't agree with the article, but that's because I don't share its minimalist view of judicial authority. (I say minimalist because Professor Nagel is criticizing not only unenumerated rights — apparently including a right to abortion as self-defense — but also enumerated ones: He criticizes, for instance, the Court's cases upholding protection for "vulgar speech" or for flag desecration.) As I noted in my article, those who do take such a view would understandably reject my constitutional position, though I hope they can still agree that legislatures ought to enact my proposals.