Well, it is a tragedy but if we don't want activist liberal judges 'doing the right thing' from the bench then we have to accept that 'the rule of law' means the rule of laws and the laws just aren't there.
Besides, from time to time there is immoral and bad law and it is the duty of said Judges to not use it but weed it out, as it is the duty of the legislature not to create it, as it is the duty of the executive not to enforce it. When bad law is created, someone in one of the three branches must act against it. That is far different than judges creating law from scratch on their own in an activist mode. IMHO, there is no nmoral equivalency.