Likewise, Goldstein stated that the critique that the liberal justices are more likely to invalidate acts of Congress, show inadequate deference to the political process, and be disrespectful of precedent, also lacked merit: Thomas has most often called for overruling prior precedent (even if long standing) that he views as having been wrongly decided, and during the 2009 term Scalia and Thomas voted most often to invalidate legislation.
同样地，戈德斯坦也表示，自由派的大法官更有可能作废国会的法令，显示出对政治进程的不尊重，并且不尊重先例，也缺乏优点：托马斯是最经常呼吁推翻先例的（即使长期以来）他曾经错误地做出判定，在2009年任期间，斯卡里亚和托马斯是投最多反对票，判定國會立法无效。