I disagree, the laws are made by the legislature,that's the way it was designed, to have the lawmakers be the group most accountable to the people. For the legislature to make unmake or change a law is perfectly in keeping the "rule of law" For the judiciary to make or change law is NOT. The mandate is only to clarify ambiguities not legislate
Judging by these quotes (some direct supreme court opinions) judges were never indended to be much more than mediators in our courtrooms. http://www.levellers.org/jrp/orig/jrp.jurquotes.htm
Granted a jury didn't play a part in the Schiavo case but it could have and it should have. A jury would have likely found the law to be guilty and tossed it aside.
Our not knowing the facts has handed the scepter of power to the judiciary who feel ever more comfortable waving it around.
How can anyone watch these instances of courts overruling each other and claim justice with a straight face. The law is screwed up and lawyers make money off the confusion. The client and public gets screwed.