If the Court said its okay, then its okay.
I hear a lot of this and it concerns me a little. All the Supreme Court can do is rule on a question according to the constitutions, laws and customs of the people. It did this in Dred Scott, regardless of Lincoln's reasoning, which was correct but only indicated a minor flaw in the law regarding the transport of slaves.
What the Supreme Court can't do is rule on the mysteries of life, like when a developing child gains a human soul. It did this in Roe.
Therefore, if the Supreme court says its so, there is a definite limit to its jurisdiction.
I think Buckley uses obscure words to remind the leftists that you don't have to be a liberal in order to be an intellectual snob (George Will does the same thing, although not as much).