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The people who ultimately get to decide that are the Supreme Court justices. They aren't incentivized to act in any particular way, except in accordance with their own philosophical values.

That's why they are appointed for life.




They are chosen and vetted by people with such incentives.


They're chosen with the hope that their beliefs aren't going to change. That doesn't happen. Justices will tend to become more liberal over time [1].

1. http://en.wikipedia.org/wiki/Ideological_leanings_of_U.S._Su...




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