I am thinking in two places at once this week.

Like many members of the bar, I am outraged that the U.S. Senate refused to confirm Debo Adegbile as head of the Justice Department’s Civil Rights Division because he committed the grievous sin of representing an unpopular client. At the same time, I find myself amused by (and, shockingly, agreeing with!) Justice Antonin Scalia’s concurrence in Lawson v. FMR LLC—a pithy shot across the bow of that tired and overloaded vessel, the S.S. Legislative History.