Taking in the big picture, there are two ways to view judges: cynically or personally. But under either view, the question of whether caps on non-economic damages are constitutionally kosher seems like exactly the sort of issue that the Court would love to sink its teeth into. If you're a cynic, then you believe that the Court is composed of political figures selected and funded by special interests who then pledge fealty to those interests upon taking office. If you view judges personally, then you recognize that many of the cases with which they deal are incredibly boring, and you understand that when a potentially exciting issue comes along, they're eager to kick it around, discuss it, and write about it.

Recovery restrictions represent the hottest issue in Mississippi law over the past decade. Whether one chooses to see the topic as a political football or just an interesting legal question is a matter of choice, but either way, it doesn't seem like the sort of thing that five out of nine judges are likely to pass on.