Wouldn’t it be cool if the court was “highly protective” of the Constitution as well?
Actually, I’d argue that one of the BIG problems we’ve faced in recent years is different institutions surrendering their jurisdictions and perrogatives. Case in point being that Harry Reid’s Senate is now functioning as a wholey owned subsidiary of the Obama White House.
So I’m not going to be all that critical of SCOTUS if they do things like remand cases for lack of standing, or otherwise dispose of them on technical procedure grounds.