Here is a quote from Justice Scalia, from a previous post,
"Justice Scalia has admonished us to rely upon and accept the role of state lawmakers and laws to address issues of this very nature. ",
so are you saying that Justice Scalia was wrong or did not mean what he said?
The system works just fine. You just don't like the decision it came to.
The system worked just fine up till the point the Florida Supreme Court decided to act as the Florida Legislature, - then it broke down.
The proper solution to that would have been for the Florida legislature to impeach the judges, if they felt that their decision was an unconstitutional power grab.
They didn't do that, so it looks like you're out of luck.