In that same National Journal column on the California marriage ruling (temporarily available here), Stuart Taylor soundly warns that the Supreme Court appointments that a President Obama would make present a real threat of further “displacing democratic choices with made-up constitutional law” and of “strangulation” of representative government:

Based on the wish lists published by liberal judges and law professors, justices who fit Obama’s description [of his model appointee] might well invent federal constitutional rights not only to gay marriage but also to Medicaid abortions, physician-assisted suicide, human cloning, and perhaps free medical care, food, and housing for poor people; strike down the death penalty (as Stevens recently advocated) and laws making English the official language; ban publicly funded vouchers for poor kids to attend parochial schools; bless ever-more-aggressive use of racial and gender preferences; and more.