Look at it this way, 7 of 9 of the smartest and most qualified lawyers (I won't address that oxymoron) decided it was in the Constitution. You have no right to argue.
72 refers to Roe v. Wade, BTW.
A solution would be for Congress to limit the scope of what the SCOTUS can deliberate on.
As most of this Republic's history has shown, there is the tendency to push controversial problems into the courts, and away from the political arena.
GWB choosing to avoid things like same sex marriage, abortion, affirmative action, emminent domain and so on, is continuing to avoid these issues by opting for "non-politically polarizing" figures for the SCOTUS.
He sure has egg on his face this time. There *are* issues of the day which need to be hammered out, and can't be pushed away forever. The political process is here to deal with them. Abdicating your duty will only result in very poor poll ratings and intra-party conflict.