I have never known a liberal court to let a congressional act stand in its way on
anything in the court's pursuit of the "perfecting" of society. The liberal bench views itself as life-tenured superlegislature, a house of lords accountable to no person, government, or claim save its own liberal view of how society ought to ordered and run.
I agree it would an extremely risky move, one that would ignite broadbased demonstrations, violence, and disorder.