Remember when CJ Roberts visited earlier this year, and he said the Court is not a political body, it is an objective body of lawyers. He blamed the Senate for politicizing the judicial confirmation process.
I hope you didn't miss Justice Scalia's views about this issue--he blames the Court (p. 591); he says when the Court interprets the Constitution based upon the ideological or political or moral preferences of the Justices, rather than upon the text and historical understanding of the Constitution, the Court brings political pressure upon itself. If the Court acts as a politcal lawmaking body, it should not complain or be surprised when it is treated as a political lawmaking body.
I think Scalia hits the nail on the head with this observation!
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