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This is a rather unfair reading. He freely admits that same-sex marriage is not itself rooted in tradition, but it doesn't need to be, as given that in many (even if not all) of the respects we do consider marriage to be an important liberty those rationales apply just as readily to same-sex marriages as traditional ones, such that preventing the former would be an abrogation of an important right, irrespective of whether the history and tradition that justifies that right was in fact exclusive of such marriages. Was marriage between prison inmates specifically rooted in history and tradition? If not, does that undermine Turner v. Safley?
Well that's sort of the nub. I defend clearly Constitutionally authorised rights/practices, you legislate from the bench, he tramples over states' rights.
Is there? I haven't been able to find any quantification of this question, but eyeballing some supposedly comprehensive lists it seems like except for a spate in the late 60s (most of which aren't particularly famous/significant) the overturning of precedents has happened at a relatively constant rate in the post-war period. Plus this is kind of another Russell conjugation - I rectify disastrous precedents, you have contempt for tradition. In any case, some of the most strongly conservative justices have the least regard for precedent. Thomas, most famously.
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