If the judge serves nothing but his whim by violating the oath of office, then he is violating not merely the letter of the man-made law but more inportantly the moral law also, as all judges on the left do by definition.
The point is that anytime a judge rules in contravention to the Constitution for whatever reason, he is violating his oath of office. You are simply stating that moral laws (however you might define that) are above the Constitution. People on the left believe the same thing. If a judicial nominee feels there would be times that he cannot in good conscience follow the Constitution, he has no business nor right to agree to serve. Either that or the words "So help me God" mean absolutely nothing to him.