Judges giving a pass to one person on the issue because of their political views and unwillingness to do anything against a black citizen for fear of being called racist does not establish a legal precedent. the decisions were political not legal. In a situation where their politics will cause them to rule against Cruz if they can, they will be willing to do so. Essentially the question is undecided still in terms of precedent.
It is close enough. The Courts will not admit to having made a mistake. They take General Custer's attitude from the movie "Little Big Man."
You're miserable life is not worth the reversal of a Custer decision. "