Breyer, Sotomayor, and Kagan, JJ., dissenting
danger that the public will perceive a decision as having been made for unprincipled reasons when the Court overrules a controversial 'watershed' decision, such as Roe. A decision overruling Roe would be perceived as having been made 'under fire' and as a 'surrender to political pressure.'" Ante, at 66-67 (citations omitted).
That seems to us a good description. And it seems to us right. The majority responds (if we understand it correctly): well, yes, but we have to apply the law. See ante, at 67. To which Casey would have said: That is exactly the point. Here, more than anywhere, the Court needs to apply the law—particularly the law of stare decisis. Here, we know that citizens will continue to contest the Court's decision, because "[m]en and women of good conscience" deeply disagree about abortion. Casey, 505 U. S., at 850. When that contestation takes place—but when there is no legal basis for reversing course—the Court needs to be steadfast, to stand its ground. That is what the rule of law requires. And that is what respect for this Court depends on.
"The promise of constancy, once given" in so charged an environment, Casey explained, "binds its maker for as long as" the "understanding of the issue has not changed so fundamentally as to render the commitment obsolete." Id., at 868. A breach of that promise is "nothing less than a breach of faith." Ibid. "[A]nd no Court that broke its faith with the people could sensibly expect credit for principle." Ibid. No Court breaking its faith in that way would deserve credit for principle. As one of Casey's authors wrote in another case, "Our legitimacy requires, above all, that we adhere to stare decisis" in "sensitive political contexts" where "partisan controversy abounds." Bush v. Vera, 517 U. S. 952, 985 (1996) (opinion of O'Connor, J.).
Justice Jackson once called a decision he dissented from a "loaded weapon," ready to hand for improper uses. Korematsu v. United States, 323 U. S. 214, 246 (1944). We fear
