“All three liberals — Stephen Breyer, Sonia Sotomayor and Elena Kagan — looked almost pained during oral arguments at times.
Sotomayor was the most strenuous in defending precedent, especially towards the beginning of arguments when Mississippi’s solicitor general was at the lectern.
At one point she noted that “15 justices” in 50 years have voted to reaffirm the viability rule in court precedent. She suggested that the only thing that had changed was the composition of the court.”
