Appendix to opinion of Breyer, Sotomayor and Kagan, JJ.
to protect).
The rest of the cited cases were relatively minor in their effect, modifying part or an application of a prior precedent's test or analysis. See Montejo v. Louisiana, 556 U. S. 778 (2009) (citing workability and practical concerns with additional layers of prophylactic procedural safeguards for defendants' right to counsel, as had been enshrined in Michigan v. Jackson, 475 U. S. 625 (1986)); Illinois v. Gates, 462 U. S. 213, 227–228 (1983) (replacing a two-pronged test under Aguilar v. Texas, 378 U. S. 108 (1964), and Spinelli v. United States, 393 U. S. 410 (1969), in favor of a traditional totality-of-the-circumstances approach to evaluate probable cause for issuance of a warrant); Wesberry v. Sanders, 376 U. S. 1, 4 (1964), and Baker v. Carr, 369 U. S. 186, 202 (1962) (clarifying that the "political question" passage of the minority opinion in Colegrove v. Green, 328 U. S. 549 (1946), was not controlling law).
In sum, none of the cases the majority cites is analogous to today's decision to overrule 50- and 30-year-old watershed constitutional precedents that remain unweakened by any changes of law or fact.
