Congress basically has all the power. They could just tell SCOTUS to piss off. Maybe that's why so many people are happy to see the gridlock and dysfunction. Heaven help us if too many congresspeople really agree on something.
> Congress basically has all the power. They could just tell SCOTUS to piss off.
No? If SCOTUS says a law is unconstitutional, you’re either in amendment territory, or the complete collapse of the American system if Congress and the Executive ignore them.
Who gave SCOTUS the power of judicial review? SCOTUS did. Not the Constitution. In fact, the Constitution grants Congress wide ranging power over the court. The idea that the three branches are co-equal is a popular myth. Congress definitely has more power than either the executive or the judicial branch. Which of course is exactly what you'd expect given that the power of the people is manifested primarily through the legislature.
If Congress wants, they can write legislation and then simultaneously exclude it from judicial review.
Meanwhile, Congress watches the Court strike down significant parts of things like the Voting Rights Act.
There’s little reason to believe the Court couldn’t possibly have struck down a “fix” on some other premise.