Brad Plumer, for some time, has been talking up yesterday's Ayotte case as Roe's likeliest Little Big Horn. Now, Scott Lemieux argues that, by punting on it, the Supremes handed down an essentially harmless decision. So here's the question: why punt? With Thomas and Scalia on the same side as Stevens and Breyer, I've trouble reading anything positive into the decision -- are the radicals simply biding their time till Alito dons the robe? Or should I stop being such a paranoid cynic?
