We’re already there. That’s already happened. Stare decisis — remember when all the justices who just ruled to overturn Roe called it “settled law”? Remember when the Republican Senate refused to consider Obama’s Supreme Court nominee? Remember when the courts gutted the voting rights act? Remember when the courts determined the outcome of Bush v Gore? The side that “won” this argument didn’t do it by playing by the rules. Because the court doesn’t have rules. The constitution doesn’t outline any of the philosophy that you are calling “rules.” So sitting back and saying “let’s just play by the rules” is handing a victory to a side that doesn’t care for them.