It’s the first Monday in October, which means that the Supreme Court reconvenes in Washington. Their docket this term includes a number of First Amendment cases. And while the new members of the Court chosen by President Obama have created a true partisan divide, with the court’s members appointed by Democratic Presidents nominally on the center-left, and those appointed by Republicans on the right, we won’t get to see that in action entirely this year. Because Elena Kagan, the newest Justice, has recused herself from 25 out of the 51 cases so far this term.

In the absence of any evidence of overwhelmingly bad lawyering by the Government’s attorneys, you have to wonder how any competent court could conclude that there isn’t a compelling case for stopping all offshore drilling. This is as close to a no-brainer as you get.