WHEN YOU REWRITE LEGISLATION

from the bench of the Supreme Court based on conversations with friends and the whims of your own preferences -- and dress this up as a Constitutionally binding "change in national consensus" --  mistakes like this are going to happen.  The legitimacy of the Court isn't on the verge of collapse, it has collapsed.  As far as Constitutional legitimacy goes, a good percentage of the rulings of the Court are an utter joke, which the President and the Congress should pointedly ignore, while at the same time issuing Constitutionally legitimate arguments counter to the whimsical policy pronouncement of the current Court.  Such a challenge would expose the Court for the political banana republic which it is.