As an extension of the preceding 80 years of U.S. legal theory, and the 400 year development of common law that preceded it.
This is well known to legal scholars, and I imagine evolutionary legal scholars agree with the facts as well as any creationist.
What's an "evolutionary legal scholar"?
They just rationalize that the abandonment of objective law is a 'good' thing.
I have no idea what you're talking about.
putting the word evolutionary in front of anything they disagree with appears to be a growing *tactic*