Garrett Epps is Professor of Law at the University of Baltimore Law School. A former staff writer for the Washington Post, he has written for the New York Times, New Republic, The New York Review of Books, and the Atlantic. Two of his nonfiction books, Democracy Rebornand To An Unknown God, have been finalists for the American Bar Association's Silver Gavel Award. One of his two novels, The Shad Treatment, won the Lillian Smith Book Award. His new book is American Epic: Reading the U.S. Constitution.

In his article in The Atlantic yesterday, Professor Epps wrote, "Courts, of course, must often balance the rights of one group-employees, say-against those of another-employers, perhaps. Employees don't always win, nor should they.

"But the majority Monday didn't balance rights; it simply pretended that one side had them and the other didn't."

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