'Fairness' can be an important quality for legislators to consider when they are passing public policies. But it is a subjective standard. And it has no place among judges on a court - whose duty is to dispassionately judge a law's constitutionality.
We're not necessarily the ski boat, we're the skier. There are countries like Japan and Korea and others who are the ski boat at this point, but we're getting pulled right behind them.