Frankly I'd prefer the latter because that would take away their plausible deniability and make it obvious that the court has gone rogue.
There's this attitude of, "this thing is partly broken sometimes. We should make it all broken, all the time, and that will be better".
Is there this faith that some higher power will swoop in afterwards and replace the now completely broken system with something that's good?
I think the result will be, things will simply be much worse than they were before.
The real problem I think is that no one seems to actually want the courts to follow the law. Everyone wants the courts to bend the law to their own desires, and so everyone gives them a pass when they do this. And that's how we end up in situations like we are in now.