This much is very unfortunately true. Even assuming a democratic trifecta (which is assuming a lot!) whatever legislation they pass has a very high chance of being invalidated by the courts no matter what it is.McConnell/Graham see's Trump is starting to circle the drain and they need to create a third “legislative” branch out of the judicial system by November, in the event Democrat’s win the White House and possibly the Senate. The GOP knows that the only way to fight the same tactics they use are lawsuits.
This is one of those things where when people say our health care plan should simply be to drop the age requirement of Medicare because Medicare has already been upheld by the courts I think ‘are you 100% sure about that?’ Not saying it’s a bad idea but at this point right wing judicial activism is so severe that I’m not entirely certain that they wouldn’t strike down Medicare if given the chance.