"gradually become a kind of extra legislative body — a nine-person super-Senate graced with the power of the veto, where liberals and conservatives alike turn when they’re confounded in the Congress."
Asserting that the High Court has overturned an increasing number of state and federal laws. Me thinks this fellow's concern is misplaced. The issue as I see it is with legislatures who create and pass laws that are clearly unconstitutional in attempts to mollify some segment of the voting population rather than showing actual leadership and saying: "No. This is America, We don't do that."
For example we have the case of Terry Shiavio (II, III). That the Federal government saw that it had any business in the personal end of life decision of a private citizen was a clear sign that certain members of congress have no clue as to what their actual job is.
Attempts to ban pornography clearly runs afoul the constitution, yet without fail some legislator somewhere tries to pass a law (and sometimes succeeds) only to be struck down later wasting taxpayer money.
Attempts to ban violent video games clearly run afoul the constitution, yet laws are passed and struck down at taxpayer expense.
If anything the problem is not with the Supreme Court asserting some legislative power, but instead the problem is with legislatures who write and pass laws that are clearly unconstitutional. Perhaps if law makers stopped pandering to certain groups the Supreme Court would have less intervening to do.
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