Well that is always a problem. You put somebody on the court that you are absolutely sure of, they drink a little of that life tenure punch, munch a few of the unchecked power canapes, and next thing you know the Constitution requires tasteful colors in cop uniforms.
Heck, age alone might do it. My great grandfather left the family in shock when he was 93 and seperated from my grandmother stating that he "had put up with that woman for 65 years and enough is enough".
No way to protect against it. Number of law review articles doesn't count.
Agreed. And when you start with someone whose philosophy is inconsistent to begin with, the risks multiply exponentially.