Jacob D. Fuchsberg Professor of Law at New York University School of Law. Thanks to Randy Barnett, Josh Blackman, Orin Kerr, Rick Pildes, and Maria Ponomarenko for comments on a prior draft. Special thanks to Erwin Chemerinsky, a friend throughout my professional life, who besides caring so much and working so hard, is also the best sport on the planet. This would never have been completed without Steve Marcus’s research, Clinton Barker’s devotion to getting it into shape, and the kind help of the Vanderbilt Law Review. I am grateful. This work was supported by a grant from the Filomen D’Agostino and Max E. Greenberg Research Fund at New York University School of Law.