, before Ruth Bader Ginsburg died. And if something isn’t broke, why fix it? As Kagan put it, the reason precedent exists and stands the test of time, when it comes toas much as any other case, is “to prevent people from thinking that this court is a political institution that will go back and forth depending on what part of the public yells loudest and…from thinking that the court will go back and forth depending on changes to the court’s membership.
For Kagan and the other liberals, the very legitimacy of the Supreme Court may be at stake. On this score, Sotomayor made the point even more starkly. “You want us to reject that line of viability and adopt something different,” she told the Mississippi solicitor general. “Fifteen justices over 50 years have—or I should say 30 since—have reaffirmed that basic viability line. Four have said no, two of them members of this court. But 15 justices have said yes, of varying political backgrounds.
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