The fact that the appeals process is used by those who cannot achieve victory at the polls in an unhealthy trend in our democratic process. The court system should not be used as a backdoor method of gaining the upper hand on issues of the day. Why not use the vote rather than count on the courts?

Because the vote is usually not a license to amend the constitution.

Use the vote? what? You mean vote for people who then can try to enact legislation a few years down the road, right? these are the issues 'of the day' and the Supreme court is part of the (can you say) 'checks and balances' system of government. It is not a back door method, and it's not a matter of gaining the upper hand e(xcept for the Republicans). It is about protecting the people from some legistlation, some laws, the government in general, and above all, the whims of an overzeaolus administration.