Allowing the courts to legislate makes them broken. That is job of of congress. Appealing to the age of the constitution to defend the courts arrogating power

Allowing the courts to legislate makes them broken. That is job of of congress. Appealing to the age of the constitution to defend the courts arrogating power which that constitution did not grant is complete nonsense. If you want the courts to have that power, pass an amendment. If you don't want to do that but still want the courts to be able to create law, then bringing up the constitution is pointless. You have already tossed it in the waste bin.