Leftist - like Schumer and Leahy - selectively apply the term, albeit with some consistency: The US Constitution is "a living document" when the issue before it is whether a conservative principle should be UPHELD; in these cases they argue we must OVERTURN the past, AND BE PROGRESSIVE.
When the issue is before the Court is whether a LEFTIST decision should be overturned, then the answer is "NO; IT IS WRITTEN IN STONE."
This is another example proving how UNPRINCIPLED the Left - the Democrats - have become. (others HERE; scroll down.)
The Left's current witch-hunt against Bush appointees is discussed HERE at THE AMERICAN THINKER; Clarice Feldman has links to more than a dozen decisions and opinions by Justice Breyer which shed light on this issue.
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