That's like saying that the act of stepping over the edge of a cliff is OK because the previous steps didn't take you over the cliff, only got you closer.
The precedents were wrong. Even the Michigan Supreme Court turned away from the cliff when they overturned Poletown, which had previously provided much of the existing the rationale for taking property for increased value to the government.
But SCOTUS, drunk on the notion that words mean what they want them to mean, took the final step over the cliff. When even Sandra Day O'Connor won't join you, it means you've gone too far.
A perfect example of ...
If you want to know what is wrong with an idea, carry it to its logical conclusion.
Otherwise, you will, step by step, go from white ... to blemished ... to light grey ... to dark grey ... to perfectly black ... each step arising logically from the last.