What then is the intellectual advantage of civilization over primitive savagery? It is not necessarily that each civilized man has more knowledge but… - Thomas Sowell

Neither in nature nor among human beings are either equal or randomly distributed outcomes automatic. On the contrary, grossly unequal distributions of outcomes are common, both in nature and among people, in circumstances where neither genes nor discrimination are involved... The idea that it would be a level playing field, if it were not for either genes or discrimination, is a preconception in defiance of both logic and facts.

Perhaps the most important thing about risk is its inescapability. Particular individuals, groups, or institutions may be sheltered from risk - but only at the cost of having someone else bear that risk. For a society as a whole, there is no someone else.

What all these lofty and vague phrases boil down to is that the court can impose things that the voters don't want and the Constitution does not require, but which are in vogue in circles to which the court responds.