Very well said, and it’s also interesting because so much of the previous decisions are based on the general attitude of the time or the policies. Like looking back the decisions are technically incorrect in a lot of areas (school integration etc.). Obviously the outcome is “good”. But that’s where the constitutionalists come in and knock it down.
Maybe they’re worried about legacy, wouldn’t doubt it. But it does, a lot of the time come down to the strict constitutionalists vs. those who are more willing to be open to interpretation and intent.