The Failure of the Rehnquist Court by Richard E. Morgan
"But even now the depth of our constitutional crisis is not fully understood. Gay marriage is a public policy choice of major consequence, which the judges (or at least the more adventurous judges) are determined
to preempt and arrogate to themselves. This is serious, but the nature of the arguments on which the courts are now proceeding, the propositions now being advanced as what 'the law' is, have truly deadly implications for the future of constitutional
government in America."
"This displacement of political decision-making has had deeply harmful consequences for our society. It has led Americans to lose political self-confidence and to depend pathetically on the judiciary to resolve the
most pressing public issues. At the same time, since judicial resolutions tend to be couched in the language of high principle, the Court's role has reduced the opportunity for political compromise and thus has inflamed passions and distrust."