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Enlightenment does not happen by consensus and principles do not become "outdated" otherwise they would not be principles and a basic principle of the Courts is to protect the politically weak from oppressive majorities. The courts may or may not block a progressive idea that some consensus views as enlightened or they may not. All most all court rulings are based on the very narrow facts of the case. Thus, if a court upholds a progressive idea that some consensus views as enlightened they did so, most likely, because of the facts of the case.

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Q: Are courts more likely to block an enlightened consensus with their adherence to outdated principles or to protect the politically weak from oppressive majorities?
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