Revista da EMERJ - V. 20 - N. 2 - Maio/Agosto - 2018

 R. EMERJ, Rio de Janeiro, v. 20, n. 2, p. 8 - 53, Maio/Agosto. 2018  36 that alienate relatively powerful interest groups are more likely to affect adversely the Court’s stature. Fifth, some constitutional issues linger, while others fade away. Controversial decisions on topics that quickly become obsolete are unlikely to do the Court much long-term harm. Sixth, public opinion changes–often quite dramati- cally–on some constitutional issues but not others. Court decisions that initially prove controversial later may be regarded as great moral victories. Conversely, some rulings initially are approved, yet subse- quently are deemed moral disasters. Seventh, on some occasions but not others, the Justices enjoy subsequent opportunities to adjust their original decision, thus modulating results that initially proved contro- versial. Eighth, contentious constitutional decisions sometimes come in packages. A ruling that might not have significantly impaired the Court’s standing had it been an isolated event, may weaken an ins- titution already under siege owing to contemporaneous decisions. It may be helpful to flesh out these variables with some con- crete illustrations from American constitutional history. It stands to reason that unpopular decisions will threaten the Court’s long-term standing, especially given the tenuous legitimacy of ostensibly coun- termajoritarian judicial review in a democratic system. 124 Historically, the Justices, apparently comprehending this risk, generally have used the Constitution to suppress outlier state practices. Such decisions are, almost by definition, likely to generate support among national majorities. Some people are surprised to discover how many of the Court’s notable constitutional rulings fit this suppression-of-outliers description. By no means an exhaustive list includes Troxel v. Gran- ville 125 (parental rights); Romer v. Evans 126 (gay rights); United States v. Virginia 127 (sex discrimination in public universities); Plyler v. Doe 128 (ri- ght of children of illegal aliens to free public education); Moore v. City of East Cleveland 129 (familial relationships); Coker v. Georgia 130 (propor- tionality review in connection with the death penalty); Harper v. Vir- 124 See, e.g., Alexander Bickel, The Least Dangerous Branch 16-23 (1962). 125 530 U.S. 57 (2000). 126 517 U.S. 620 (1996). 127 518 U.S. 515 (1996). 128 457 U.S. 202 (1982). 129 431 U.S. 494 (1977). 130 433 U.S. 584 (1977).