Good quote. It certainly has so far, but it was always keyed to the longer-term goal of using the court system and forum-shopped judges (like the poofty recent AJ Souter and the diesel Kagan) to knock down the other 97% of the population. In a democratic society they had to do this.
I wonder if Felix Frankfurter would own up, today, to what his ideas about jurisprudence have wrought? That sorry SOS and his "legal positivism" and "back-to-front" logrolling b.s. made all this not only possible, but inevitable.
I don’t see any way through or out of this other than - well, a very rough road.