Patterico has an excellent idea to protect the rights of the minority party from being trampled by a bare majority.

You know, conservatives have lost a lot of 5-4 decisions over the past few years in the Supreme Court. Some have upset the Justices in the minority only slightly. Others, like Casey (which reaffirmed Roe on stare decisis grounds) and Stenberg (the partial-birth abortion case), have drawn eloquent and impassioned cries of anguish from the dissenters.

Why should a bare majority of Supreme Court Justices be able to dictate that women can authorize their doctors to kill their mostly-born babies by stabbing them in the skull with a pair of scissors and sucking out their brains with a suction catheter?

The solution is obvious. Let’s give Scalia a filibuster, to be used only in rare occasions where he feels very strongly about a decision.

I'm all for it.