Because differing times present differing challenges. And the job of the SCOTUS is to interpret law presented to it....not to interpret law 100% unanimously.
Regards from Rosie
That's where you got it wrong, law is black and white, they're are not open to interpretation, a judge is there to apply law. A law applies to a situation or it doesn't, judges don't have the authority to legislate through interpretation, ligislation is reserved to congress or state legislatures. If judges didn't inject themselves into their decisions and only used the law they all should come to the same decision 99% of the time. Not be on the opposite side 99% of the time. That's why I have no respect for caselaw, too many individuals inserting their own idiology into the mix and in many cases ignoring actual law.
If you actually read the decision on Maobamacare written by Roberts, it was the biggest exercise in circular reasoning I've ever seen. I'm not a lawyer but I would love to publically debate him on that decision, I could rip him a new one.
Ok. Tilt your head to the side for a secand try to see it this way. SCOTUS takes on only cases of Constitutional import. When the cases become Constitutionally important.
When teens craved ads in the Sears and Roebuck catalog there was no need to rule on obscenity. When Hustler depicted full bore sex AND accused Jerry Falwell of incest with his mother....that's when it rose to the level of a Constitutional case. Seems it is free speech to call Falwell a mofo but explicit sex needs toning down due to community standards.
SCOTUS turns down more cases thanthey take. They hold up the law under examination to the Constitution and interpret the light shining thru from the Constitution thru the overlaying law and interpret the amount and quality of light that gets thru.
Figuratively, of course.
Given the subjectivity of determining the amount and quality of light that got thru.... .I.think it must be hard to have many lopsided decisions at all.
Ok, OK. Turn your head back. Neither of us wants it getting stuck that way.
Regards from Rosie