That’s literally what is happening now, and what we need to fix. The Supreme Court is rewriting the constitution and any laws they don’t personally agree with.It still becomes a straight up political appointment controlled by whoever has the majority. We need a way to get the court beyond that. I don't care who is running the show this year or next, I want the court to rule based on the constitution. That's their job and I want them to do it. They tossed Roe back to the states which was a crappy decision, but it was a constitutional decision, so it was the right decision.
If the constitution needs to change there are mechanisms for doing that, the supreme court isn't one of them.
For example the EPA ruling. The law was clear the EPA had the authority to issue the regulation. The Supreme Court didn’t like the regulation though so they invented the ‘major questions’ doctrine out of thin air with no basis in the constitution.
So if you want judges to rule based on the constitution the best answer is to take their individual power away so they can’t legislate.