You are assuming they won’t Calvinball their way to a different justification if that one is closed off.I mean that was literally the argument for overturning RvW, 'it isn't a law and SC shouldn't be setting law-like precedents so fuck RvW, get the senate to do their job'. Ironically i don't disagree with that assessment but I vehemently disagree with the way it's being done, because it's throwing the US citizenry to the wolves while we spend like 30 fucking years fighting in congress to get these things actually addressed.
Remember, Republican justices argued days apart that the voting rights act must be gitted because congress could not be trusted to legislate correctly and then said gay marriage bans must be upheld because it’s wrong to overturn the wisdom of congress.