about this issue and posed the question of a very real possibility. What do we do if the SC takes a case challenging the increased ethics rules and finds them unconstitutional so that they can protect their power grab? The amendment process isn't going to happen because you need a 2/3 vote in both the House and Senate. I'm not saying we don't try and obviously we need investigation and hearings but what steps does anybody think we could/should take if they rule against ethics reform? I'm asking that question for trying to understand what we could do next because if the SC were to do such a thing then all legitimacy is gone and basically I can see states etc. refusing to abide by SC decisions. What would the DOJ response be to the highest Court losing all legitimacy? If DOJ were to continue to take investigative/enforcement actions regarding new rulings wouldn't they also be viewed as having lost all legitimacy? What then? So if people in the country were to largely view the legal structure as no longer having legitimacy then do we descend into purely individual state legal legitimacy being recognized by people? Some whackos are already there.
An example of this would be Little Rock etc. when governors and others tried to refuse to comply with Brown v Board. What would have been the effect if Ike hadn't sent troops to enforce that SC decision? What if those governors would have won the day for their refusing to obey SC rulings? Would each state, if desired, sit down and make a list of what they would and wouldn't obey and make themselves into their own little kingdom?
Even if Roberts were to suddenly grow even the tiniest of balls it would still be a 5 to 4 matter. The idea of that growth at this point is very long odds. You would need Gorsuch to come along and that is iffy at best.