This is a "make-up" call and I wouldn't be surprised if we don't see a steady stream of them. After all, they're old, they're on record for having made a decision worse than the Dred Scott decision (hopefully the worst in the history of the US - at best, it'll stand as the worst decision to this point in the history of the US). Gotta start worrying about that "legacy thing" at some point. Looks like now might be the time.