But the dissection of individual justification put forward for the ban are tenuous, to say the least, so that the modern doctrine will allow Kagan--and Kennedy--to invalidate the ban without having to break new ground for the first time.

FORBES: What hidden perils await her on the Court.

"The dominant model of science is one of aggressive individual or lab-based competition to break new ground and get the most convincing arguments supported by evidence, " he told me.

BBC: Harrabin's Notes: Debating the IPCC

From the development of the jet engine and liquid crystal displays, from cracking the inner workings of DNA to pioneering work on Lithium-ion batteries, the country has all too often managed to break new scientific ground but then fail to capitalise on the vast potential that others then enjoy.

BBC: Can UK science navigate around the Valley of Death?