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by jfengel 1090 days ago
Both the majority and the dissent "interpret the Constitution".

The difference is that the majority want to interpret it in a way that agrees with their morality, while the minority interpret it in a way that agrees with theirs. The actual text of the Constitution itself has no bearing on it; it can be used to justify any decision they want.

So the majority opinion becomes the Constitution. They'd like for you to believe that it flows inevitably from the 1787 text, but that's simply not the case. The opposite opinion could just as easily have been "the interpretation", aside from the accident of history that made one group the majority and the other not.