When such laws/doctrine have been widely accepted as settled for many decades, it becomes arguable that it's an instance of judicial activism by SCOTUS, and pos

When such laws/doctrine have been widely accepted as settled for many decades, it becomes arguable that it's an instance of judicial activism by SCOTUS, and possibly a power grab to pick and choose on a case-by-case basis which laws (and rule-making bodies) SCOTUS likes for non-legal, partisan reasons. Such an arrangement would make the legislature subservient to the judiciary, rather than co-equal.