But that does not mean just because there is not a single foreordained answer from God in every legal dispute that judges are not trying to look at the legal materials and only the legal materials and trying to make sense of the legal materials, and that alone, and leaving the rest of the stuff aside.
Judges strive to interpret the law based solely on legal materials, not personal beliefs.
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When confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals, the Court has often condoned those practices or let them pass in silence.
Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.
That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.