...The judicial branch was never meant to act as a superlegislature, using the verbiage of the Constitution in order to implement preferred policy prescriptions. In Federalist No. 78, Alexander Hamilton expressed the idea well: "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body." Substituting will for judgment would make the case for utterly dissolving the judicial branch.
...In the end, the Democrats' obsession with the Supreme Court says more about them than about the role of the court. It says that they don't believe their policies are popular enough to win the country over at the electoral level. If the judiciary should be returned to its role of ruling by judgment rather than will, the will of the people might be heard once again -- and it wouldn't be friendly to Democrats. Democrats know it. Hence the panic.
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