So was that Herod exercising his official duty?
Good news: the Constitution is not a vehicle to please Justice Sonia Sotomayor (even though you agree with her)
Bad news: the Constitution is not a vehicle to please your common sense or your morality.
In other words the Constitution is not a place from which either you or Justice Sonia Sotomayor can rationalize backwards to make yourselves happy.
It is a Constitution we are expounding, not a soap opera, but a rulebook to be applied uniformly and consistently, even if doing so makes you feel indignant.