The Supreme Court frequently overturns previous Supreme Court rulings and finds things that were once considered Constitutional, unconstitutional as we progress as a society.
That's how.
No, that's just playing politics.
Either something is perfectly allowable under the constitution, or it isn't.
When the court makes a decision like
Lawrence, or
Roe v. Wade or whatever they are going to do today with the Health Care Law, and they are merely doing it on political lines, then they aren't performing their function.
Progress is what happened after
Hardwicke. A lot of these states were shocked to find they still had these antiquated laws on the books, and changed them. That's how the system is supposed to work. The Legislature legislates, the Judiciary adjudicates, the Executive executes. If you don't like the law, lobby to get a new law passed.
When you have judges saying, "Well, this is what the constitution would allow if
I had written it", that's judicial activism, and its' wrong whether its done on the left or the right.