Do you think the Supreme Court is a de facto law maker?

No. De facto means 'in fact' or 'in practice' in Latin. Legally, it refers to how a law is enforced. A law on paper is not the same as a law in practice. There are many laws today that are 'on the books' but not being enforced. For example, Illinois has a law against fellatio (blowjobs) as do many other states. But no one has been arrested or prosecuted under this law for several decades.

The Supreme Court does not control the enforcement of a piece of legislation. It's decisions are largely on the content on a specific law not the enforcement. The Supreme Court is a de jure, Latin for 'by law,' lawmaker if anything. But it is not a de facto law maker.
Not so much the Supreme Court as the Circuit Courts.


Answers:
Yes. They rationalize their laws as being derived from the Constituition but they are really their opinions. The great lie is that the Constitution can be interpreted free of their options.
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Role of the Supreme Court

The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress.

It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution.

The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.

The Supreme Court, however, is far from all-powerful. Its power is limited by the other two branches of government. The President nominates justices to the court. The Senate must vote its approval of the nominations. The whole Congress also has great power over the lower courts in the federal system. District and appeals courts are created by acts of Congress. These courts may be abolished if Congress wishes it.

The Supreme Court is like a referee on a football field. The Congress, the President, the state police, and other government officials are the players. Some can pass laws, and others can enforce laws. But all exercise power within certain boundaries. These boundaries are set by the Constitution. As the 'referee' in the U.S. system of government, it is the Supreme Court's job to say when government officials step out-of-bounds.

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The Federal Judiciary

The Supreme Court of the United States of America is established in Article III of the Constitution. While the Constitution formally provides for a 'Chief Justice' of the Court, it leaves the actual size of the Court up to the Congress. The Congress originally provided for five Associate Justices (for a total of six). The Congress periodically expanded and contracted the size of the Court from seven to nine to ten, back down to six and then back up to its current level of nine. (For practical purposes, the Court tends to function better when there are an odd number of Justices, thereby disallowing the possibility of tie votes.) For a current listing of Supreme Court Justices, see 'Quick Facts' about the Federal Judiciary.
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Role
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.