[RobbyS]

As I see it, the defenders of judicial supremacy always turn the argument back to legal procedure, begging the question of whether the Court has jurisdiction of not. In simple terms, the court has no right to settle political problems, but manages to do so by restating it to fit the forms of law. Good lawyers know where their competence ends and that of, say, a political scientist begins. Would that judges were so humble.

[Vindiciae Contra TyrannoSCOTUS]

The Tempting Of America "In law, the moment of temptation is the moment of choice, when a judge realizes that in the case before him his strongly held view of justice, his political and moral imperative, is not embodied in a statute or in any provision of the Constitution. He must then choose between his version of justice and abiding by the American form of government. Yet the desire to do justice, whose nature seems to him obvious, is compelling, while the concept of constitutional process is abstract, rather arid, and the abstinence it counsels unsatisfying. To give in to temptation, this one time, solves an urgent human problem, and a faint crack appears in the American foundation. A judge has begun to rule where a legislator should."