I think that the Supreme Court is being viewed through a partisan lens, because there is the desire that it act as a mini-legislature. If the court acts strictly as a check to the other two branches...not making law, but interpreting it and judging it against the Constitution, then the partisanship melts away.
Of course, Rowe v Wade is the classic. No where in the Constitution does it say that a woman has the right to an abortion. That was activism from the bench. With a court of judges who have demonstrated that they will not make laws...the partisanship then shifts to just the Congress & White House. It can exist there, because those are partisan places where the voters directly say who gets to sit there. They (could) shift over time.
~Jeordam
Saving the Princess, Humanity, or the World-Entire since 1985