The Supreme Court, institutionally, does not like to be exposed on controversial issues without any support from the political branches. The most ideological Justices (e.g., Thomas) may not care, but the swing voters do.
That kinda cinches it.
Update: Ilya Somin weighs in.
The most ideologically committed justices (e.g. - Thomas) might be willing to take the risk. But the moderates won't.
Then what's the purpose again of lifetime appointment and all the other bennies that come with the Supreme Court appointment?
Dude, where's my independent judiciary?
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