[jwalsh07]

There is currently no check on courts assuming powers not granted to them by constitutions. None, nada, zilch.

Congress doesn't have what it takes to impose a check on a runaway judicary while the courts have no problem at all slapping Congress around like a punching bag.

Delay at least, recognizes that and is willing to speak out on it. The rest of them are, well, wussies.

[llortami]

"There is currently no check on courts assuming powers not granted to them by constitutions. None, nada, zilch."

Sure there are:
1. Constitutional amendments although unlikely, can be used to correct judicial overreaching. Dred Scott and the 14th Am. for example
2. Congress can impeach federal judges
3. Under Article III congress can remove matters from federal court jurisdiction so that state law would apply. So if for example enough of Congress didn't agree with the Supreme Courts view of abortion, that can Congress can make it so federal courts cannot review abortion cases

Also Federal Judges are nominated and approved by the political branches. So if you don't like the type of justices that are getting nominated, don't vote for Presidentthat nominated them or the Senator that approved them. Thats how our system works.

Never forget that it was Eisenhower (not Johnson) that appointed Earl Warren And Reagan (not Clinton) that appointed Anthony Kennedy