The more conservative judges did not want to use the 14th on gay marriage; as the states were already deciding for themselves by popular referendum that gay marriage
was to the norm, and as marriage is typically the providence of state gov't. IOW's let the process get us there.
I can see it both ways, as individuals needed relief now, or as I mentioned. The Kennedy decision was hilarious in its vacuous references btw -look thru it when you get a chance -or read Scalia's dissent.
I completely agree on rights of privacy, and i'm sure abortion is stare decisis by now -which would encompass the other factors you mentioned.
You bring up a good idea that neither a "liberal" judge or a "conservative" judge in extreme is desirable.
But I'm looking at the current crop ofliberals ( especially Kagan) and am seeing absolutely no concept of separation of powers.
I've given upon balance of powers (federalism) -but the real threat is the ABC agencies today.
These are fiat entities that regulate at an alarming pace with no checks and balances-
they can legislate/and enforce without recourse to those effected of due process. and that is most alarming to us all
if we get under their thumb, since they have unchecked powers.
I believe in States Rights, to a point, but there are rules that limit what State governments can do. Its interesting that the regressive States, those that tend to want to limit individual freedom, scream freedom for the States, but not for the individual. They fight to be allowed the mob to limit the freedom of their citizens. If we went with the Conservative argument about States Rights during the Civil Rights movement, the States would still be free to segregate society. The minority black citizens would still not be free from the oppression of segregation.