I don't understand how we can all look at a clear cut case of violation of the principles of our existing laws and act like, yeah guys, judicial review will just fix this over time, rather than compounding the problems.
The rigidity concept you talk about effectively exists in our current system, too, it's just a matter of perspective. If the law is written in such a poor way so as to need review, and the legislators and executives in on the bill know where the jurists who will review it stand, theyve effectively got the different, rigid law they wanted until someone decides to review again. Review, with no particular cadence, or urgency, etc. I actually do think review is good, but it shouldn't stand in for actual legislation (which since about the 80s it has, largely due to Reagan era deregulation)
Maybe the breakage is somewhere else -- I talked about Citizens United elsewhere, which effectively lets corporations buy votes from legislators, and we know at least 2 of the current justices are flat-out corrupt, getting gifts and financial help from millionaire and billionaire friends.