Let's go back to the Constitution - Art. 3 Section 1 - Article III. Section. 1.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Congress actually has the power to constitute Courts as it sees fit. What are the Checks on the judiciary. The main one is impeachment. The last time a Federal judge was removed by Impeachment was Alcee Hastings who got himself elected to Congress.
What gives SCOTUS the power of Judicial Review? Essentially Congress does. When the Courts were initially established, SCOTUS eventually assumed judicial review authority in Marbury vs. Madison and have not been challenged since.
I think a little incident involving the 7th President and the Courts is insightful. It was a SCOTUS decision involving the Cherokee Indians ( and led to the "Trail of Tears"). SCOTUS handed down their decision. Jackson purportedly remarked , "Mr. Marshall has made his decision, let him enforce it" and then went on to do exactly what he wanted to do.
The point is that Congress has the power of the purse and the Executive has the power of arms. What does SCOTUS have?
My proposal is that Congress change US Code that gives them review over SCOTUS decisions. Give a high standard for invoking review and require 2/3 vote of both houses to overturn a SCOTUS decision.
Also, Congress needs to put some judges on the street. When they make these awful decisions, make them pay.
Why do you think the Democrats are putting up such a stink on judicial appointments? Precisely because they could never get their policies enacted by a body directly accountable to the people.
Some food for thought.