Again, any appellate court can and will uphold a act passed by a legislature on any basis they find Constitutional.
My definition of a Conservative Judge is one who does hand down “judge made law”
The libs and its seems many who call themselves conservatives are fine with Judges imposing their shared point of view when convenient.
My definition of a Conservative Judge, to use your term, I prefer Constitutional Judge, is one who rules to uphold the Constitution. To make sure that the executive, legislative, and even judicial branch plays by the rules that are stated in the Constitution. Under your scenario, hell we can just close down the Supreme Court. What good are they if they will refuse to over rule anything Congress or the President does. Me, I want them to slap down Congress and the President when they exceed the authority given to them by the Constitution.