I once heard Breyer say ( loosely paraphrasing) that when things made no sense constitutionally, that the court had two choices, leave the republic to the vagueries of the amendment process, or step up to the plate and do something reasonable for the benefit of the nation. We need a lot more of that approach and a lot less of idiots like Thomas and Alito who would drive us over a cliff on a fool’s errand trying to parse the 18th Century into the 21st. He’s going to be missed.