We must also remember that once we accept the position that SCOTUS can create new law, it can go both ways and not sure your way.

Thomas Sowell and Walter Williams both give examples of poker. Imagine a standard Poker game where everyone knows the rule, some win some lose and yet there are no fights. Change the Poker game rules such that the dealer can change the rules at his whim and we will have fights (even though the dealer might not actually affect anyone's earnings).

SCOTUS not going out of their way is good for society.