Blame the gubberment way back when Marbury was decided and everyone figured out (or as some opine planned in advance to take advantage of)  that the normal course of human events would turn the court into just another political organ where the President and a majority Senate could install ‘reliable’ judges that would make rulings in accord with their general wishes.

Ginsburg flap shows Supreme Court, justices are too important.

“When your political system can be thrown into hysteria by something as predictable as the death of an octogenarian with advanced cancer, there’s something wrong with your political system. And when your judicial system can be redirected by such an event, there’s something wrong with your judicial system, too.”