So we're up to Lochner in Constitutional Law. What it's made me realize is exactly how fragile judicially-based freedoms actually are. Once your particular Solons change, you're pretty-well screwed.
So here's a question for Massachusetts, for which I don't know the answer. When the Courts of the early 1900s was indulging in true conservative judicial activism in the name of a 'right to contract,' no lesser a liberal luminary than FDR suggested packing the Court: putting in place a greater number of justices so that he had his own majority. The idea wasn't particularly original: it had been proposed as a measure to control the House of Lords during Victoria's reign.
Now, I've checked, and California sets its number of Supreme Court justices in its constitution, but Massachusetts seems to do so by statute. "The supreme judicial court shall consist of one chief justice and six associate justices." ALM GL ch. 211, § 1. So supposing that the legislature and the governor are truly worried about judicial usurpation of their powers, why not indulge in a little court-packing?
Of course, I could be missing something in the Massachusetts constitution. It's a long and complex document, and I'll admit the possibility I've missed the point. But given that the SJC has set the goalposts too close for an amendment to take effect before gay marriages must be recognized, why not change the court instead of the constitution?