Consensus shouldn't affect the Supreme Court, should it? The inherent flaw in democracy is that the majority can oppress the minority. The Constitution is supposed to keep that oppression from happening.
I don't care if 99% of people are against gay marriage or black education or
Or is the ACLU just being pragmatic? In an ideal world, perhaps, Supreme Court justices shouldn't be affected by popular opinion, but they are only human, so they probably are affected.