The third paragraph in the linked article specifically addresses your arguments, Mike, and explains why they decided the way they did. Judges cannot rule on cases from the grave.
"But the Supreme Court said that it was “not aware of any rule or decision of the Ninth Circuit that renders judges’ votes and opinions immutable at some point in time prior to their public release.” The justices wrote that “it is generally understood that a judge may change his or her position up to the very moment when a decision is released.” " |
