Yes it can...and should be. What gives five unelected (elderly, sickly) people the right to completely dismiss the Legislative and Executive branches and decades upon decades of the legislative process? And what gives foreign law precedence over state law? It is a bit unnerving that the SCOTUS believes they are accountable to no one. (What Congress giveth, Congress may taketh away.)
Exactly right.
Jefferson above all feared a judical tyranny.
The concept of judical review (the Courts deciding soley what is constitutional and what is not) is extremely dangerous.
It IS unnerving but NOT surprising. The SCOTUS is populated by a number of arrogant, elitist individuals who are completely divorced from the reality of the consequences of many of their decisions. SCOTUS was never intended by the Framers to be completely independent and unanswerable for their actions. Laxness on the part of the Legislative Branch has brought us to this point.