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Thanks for your thoughtful response. I am in agreement. The judicial legislation is so unnecessary. Democracy is slow and messy, but eventually it resolves an issue.

I heard somewhere that the Connecticut birth control statute was not being enforced and that Griswold was a set-up case to get the court to do just what they did.

This is what makes Scalia's untimely death so frustrating. He was one of the few Justices - including so-called conservatives - who got this, that the Court is not supposed to make policy/political decisions.

henkster: "Having become a political branch of government, membership in that branch inevitably became a bone of political contention, as Robert Bork found out."

Colorado tanker: "This is what makes Scalia's untimely death so frustrating.
He was one of the few Justices - including so-called conservatives - who got this..."

Thanks for a great discussion on this.
It's another reason why a Hillary election would be disastrous for whatever's left of our Free Republic.

So, not trying to hijack a Civil War thread, but considering the consequences that flowed from past SCOTUS decisions such as Dred-Scott: are there names known by the wider public (i.e., yours truly) of candidates fully qualified to replace Justice Scalia?