I know they are deep in "it can't happen here" denial, but the judiciary fares poorly under authoritarian consolidation precisely because they can do this kind of meddling, Jesus Christ, do they not read books at the Ivies?
“To clarify our earlier decision, this misreading of the Patriot Act clearly does not fall even within the outer umbrella of ‘official acts’. It is therefore—“ Justice Roberts screams as repurposed ICE goons drag him away
I think most of them do realize it can happen here, but they're convinced their faction will ultimately win, particularly now that they've created extraordinary Executive power will be used asymmetrically (to the degree they expect their side to not control the Whitehouse for the foreseeable future)