&gt; there is much less predetermined ideology<p>The outcomes <i>are</i> pre-determined. Then they have to work backwards to justify them. It is extremely obvious when you read e.g. the <i>Dred Scott</i> or <i>Korematsu</i> decisions that were decided a long time ago, but it is still very obvious when you read recent decisions like <i>Obergefell</i> or <i>Citizens United</i>.