Well, the election of judges is a problem in and of itself. But the larger issue is the fact that many legislate from the bench. They just decide what is right from their own estimation and don't rely upon the Constitution and precedent as their guide as they are supposed to. Obama underscored this philosophy with Sonia Sotomayor. He stated very clearly that he wanted justices that are not blind to race, gender, and economic condition. Ironically, Lady Justice is blindfolded while she holds the scales of justice, illustrating that justice is blind. And if you look up some of her lectures. She jests tongue-in-cheek that judges aren't supposed to legislate from the bench and has a big laugh with the students she's lecturing to, because they all know it's a big joke & that law is made in the judge's seat all the time!