>>>...
But it is their job to determine, in the cases that arise before them, whether the policies they're being asked to uphold are in fact consistent with the Constitution. Until the Warren Court started determining cases based on "is it fair".
That put them into "policy".
They have been screwed up ever since.
Actually, the Warren court's yardstick for determining cases was: How to Protect Big Government While Restraining its Ability to Do Things That Offend Liberals. This of course bears scant resemblance to what I was talking about.