Democrats, on the other hand, sensed the strategic advantage that persistent success in the courts would bring. Policy goals, difficult to achieve in the political arena, could be accomplished with relative ease through litigation. America's Founders didn't foresee the rise of the litigious state. But they well understood that human nature is often a force for ill. They realized that people would occasionally attempt to subvert the system for their own ends.
Power is invariably the goal.
In order to circumvent this problem, they devised a government that would filter out human passions through an elaborate system of checks and balances. The judicial system was a necessary part of the political process, but it was only one part. It is now out of control on almost every level. But maybe there is a silver lining to all of this. In so doing, the Supreme Court has taken us a small step toward once again being a nation of laws rather than a nation of lawyers, and for that it deserves our praise.