The Democrats have decided that everything is Constitutional until the courts say its not, and then they will pack the courts.
Unfortunately, that's the way our system was set up. The Supreme Court can not initiate action without a petitioner with standing (think ALL Republican members of the House and the Senate) requests it, and then only if they can prove that delaying action will cause irreperable harm.
It never occured to the Founders that the integrity of elected officials would deteriorate to the point that they would decide what the Constitution means, and get away with it. The SC must stand by helplessly.
Why the Republicans did not do that twenty months ago will fill a large future volume on Constitutional Law.
Assuming our Constitution survives without further perversions.