-Question: Anyone know what the litmus test should REALLY be? Seriously?-
The Supreme Court was designed to determine whether legislation passed by Congress was allowed under the constitution. It has, however, become its own ruling body, finding -rights- that are outside what the Founders intended. This has been going on for a long, long time. I do not see a path back to the original purpose. However, a good start would be to term limit the judges. Honestly, it is astonishing some of them can live to tomorrow, lrt alone decide the constitutionality of laws.
You may have been taught this in Ninth Grade Civics, but it's a myth.