At the risk of being facile, I would say that if the Supreme Court has already told us what the law ought to be, then that's how we should construct our laws.
I agree with Ms. Des Rosiers that it doesn't seem terribly efficient for us to possibly have to go and relitigate this all over again in order to establish that this is how the law should be interpreted. If it's our understanding that for it to be constitutional we have to have these safeguards, then I do think it is prudent, and is the better course, to codify as opposed to having to reach for the common law as well, to use it in tandem.