This is really one of the most interesting questions in our system. I tend to be in favor of this sort of judicial action, but it's always in the back of my head that I'm only in favor of it because so far it has all gone my way. It is frightening to think that someday I'll find myself on the frustrating side of an issue where only a truly heroic amount of legislation can overrule the opinions of a few tens of legal minds.
That's a point that I've seen many try to make, regardless of their actual opinion on the matter, only to be shouted down. It's as if some people don't understand that such a thing could eventually be used against them. It seems that many people don't consider the long-term effects of their short-term gains. The court system can be fickle, what it does that benefits you today can be reversed in the future to your detriment.
