I hardly think the courts are above malpractice. They seemed fine with the patriot act, for instance. Citizens United is the definition of malpractice in my book, essentially legalizing corruption.
The Patriot Act was an eye opener to me. Fear has to be, by far, an authoritarian's best tool against the masses. I was shocked "we the people" let the Patriot Act happen, i was also shocked when people locked themselves up for a year voluntarily during covid. All you need is a way to produce fear in the population and they'll do and believe anything you say. Anything.
"THere are criminals though!" and "think of the children" are what will bring in full authoritarianism. People are afraid of their own shadows these and want to live a 100% secure life at ANY cost.