That’s a hilarious idea. Given the Supreme Court of today, afraid of legislating from the bench? Are you serious?
Not that every decision bears this out, of course, and it’s also a slow process.
IMO this restoration is a necessary step in restoring the operation of the constitution. As a country we need to decide if we’re going to actually follow it (including making use of the long-dead amendment process) or throw it out (amounting to a revolution). Selectively ignoring parts of it depending on who is in power, or based on whatever the bipartisan intelligence/defense agenda requires, is unworkable and needs to end ASAP.