Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.
Larry W. Yackle,
Thoughts on Rodriguez: Mr. Justice Powell and the Demise of Equal Protection Analysis in the Supreme Court,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol9/iss2/2