Mere opinions, in fact, were as likely to govern people's actions as hard evidence, and were subject to sudden reversals as hard evidence could never be. So the Galapagos Islands could be hell in one moment and heaven in the next, and Julius Caesar could be a statesman in one moment and a butcher in the next, and Ecuadorian paper money could be traded for food, shelter, and clothing in one moment and line the bottom of a birdcage in the next, and the universe could be created by God Almighty in one moment and by a big explosion in the next--and on and on.
History records endless struggles to enlarge those realms, inspiring ones; it also records painful reversals and setbacks.
This is a catastrophic universe, always; and subject to hidden reversals, upheavals, changes, cataclysms, with joy never anything but the song of substance under pressure forced into new forms and shapes.
Reversal by a higher court is not proof that justice is thereby better done. There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.
