This quote from Justice Thomas’s dissent in Dietz v. Bouldin should be nailed to the doors of Justice Breyer’s chambers, like Martin Luther’s 95 Theses.
In contrast, the only thing that is clear about the majority’s multifactor test is that it will produce more litigation. This multifactor test may aid in identifying relevant facts for analysis, but—like most multifactor tests—it leaves courts adrift once those facts have been identified.
Thomas’s clerks should make this a macro, and insert it whenever they dissent from a Breyer opinion. It would save time.