Exactly! And the whole "balance" argument is flawed even it theory. There is no right-wing equivalent on the court to the left-wing judges. The media define a "balanced" court as follows: A court where five or six judges seek to impose leftist policies on the country from the bench, where three or four judges seek to leave those policy decisions to the voters, and where zero judges seek to impose rightist policies on the country from the bench.
Yes there is. It can most often be detected when in cases involving illegal search and seizures.