[Graewoulf]

” - - - what higher judicial authority would declare a USSC trial a mistrial?”

A valid point. However, our Federal Government was designed with checks and balances on ALL branches of Government.

What then is the check and balance on a rouge SCOTUS?

[Reily]

As Newt pointed out, ‘the executive and Congress’.
If 2 out of the 3 branches oppose then the third branch loses. Congress can impeach
However since Congress is currently tainted because the Senate is controlled by the Rats. We are screwed, for now at least. If we win control it still would take ballsy presidential and legislative leadership to energize and graft a spine onto the new GOP-cotrolled Congress. And I don't see Romney or Santorum if the win the Presidency do much more then shake their heads and go "tsk tsk". Romney won't even do that!
Aside: What is it with our idiot GOP senators regarding judicial appointments. The roll over for a Rat president. For example Sotomayer, ‘the wise Latina’ even Lawrence Tribe thinks she is at best an intellectual lightweight , but no our guys thought she was hunky-dory for the Court of Appeals!