From a Washington post article:
On a nine-member court that often mirrored the liberal-conservative split of the larger society, O'Connor repeatedly cast the fifth and deciding vote, not to establish sweeping new constitutional principles but to make law that she thought would make sense to the American people. (emphasis added)
Who needs legislators, governors, presidents, the Constitution and elections when you can have 5 unelected lawyers make law by deciding what they think would make sense to the American people.
The unfortunate reality is that too many people think judges making laws isn't that bad.