Which is why I stated that Judge Thomas "reluctantly agreed." <-- Note the term I used. I did not say he "conceded." You named it: stare decisis.
Not being an attorney affords me the leeway to put legalese into a manner in which the non-legal mind (and the majority of the people), can understand.
You want to take issue with that? Certify my entry into the Bar, and I will go all legalese on everyone. As many of my posts will attest, I'm quite capable of that.