Grreat Teacher, what prevents the courts from making bad decisions and over reaching as they did here? They defined state law. The checks and balances would be for the legislature to rewrite the law or a constitutional amendment to be made.
You mean it with down in a predictable way. Split down party lines. With Kennedy being the swing vote or rather the most powerful person in the country.
Even Roe v Wade was a 7-2 decision.
The point is that the cases that the Court hears will always consist, in large part, of issues that are difficult not in the abstract but in light of the Court's particular composition. In the modern era, a significant number of 5-4 decisions is likely -- at least if the justices are not working hard to suppress internal dissent (as they did before the 1940s), and if lower courts are not systematically ignoring the Court's thinking.
It follows that any Supreme Court will probably seem "evenly divided" in a significant number of important cases. In a hierarchical legal system, the Court will end up hearing disputes that are likely to split its current members -- even if their ideology changes radically over time.