The problem in these cases is that fundamentally it is all just a matter of degree: How much partisanship is too much partisanship.

New Jersey is trying incrementally to bring gay couples into the same regime of benefits as heterosexual couples. But then the question for the court becomes, if you're willing to go that far, why don't you go all the way?

It's really a problem of appearances in most cases. In 99 percent of the cases, it's something that looks bad, but you don't frequently have legislators who are necessarily swayed by this. But it is a concern. It can undermine public confidence. What people see they tend to believe, whether or not at its core it really is as nefarious as all that.

The problem with privacy cases is that most privacy plaintiffs have to give up their privacy. In order to sue you have to show up in court and show that they used your phone records.

It's a real serious problem. There are lawyers out there who are advertising and chasing cases. Every once in a while you'll see a lawyer get in trouble for doing that. But it's not enough.

What is the matter with you?"
"You want an alphabetical list?