If, as you claim, such "is documented in the text of a unanimous Supreme Court decision" why didn't some jurist in Topeka...or somewhere...raise his hand and point this out sometime during the two years between his announcement and election?
Yet, nobody did. Could it possibly be because you are mistaken?
Because he's "black" and a darling of the RATs, who run everything.
People did bring it up....hundreds of threads right here on Free Republic...before he was elected.