Since when?

When did Stevens, Kennedy, Souter, Breyer and Ginsburg discover “deference to legislative judgments”? I guess it only applies in cases of actual rights found in the Constitution, but there’s no need to worry about it if you are just creating “rights” out of whole cloth anyway.
But the court didn’t really decide that the scheme was public. More accurately, it decided that it would not decide, nodding to its “long-standing policy of deference to legislative judgments in this field.”

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