I am not sure why some on both sides are trying to use courts. Courts are there to resolve disputes. We have Congress to write laws. If society agrees on something, it will become a law or even an amendment. If there is an meregency, we have Presidents, Governors, Mayors …
If you push important decisions on judges, you take away pressure from elected representatives, who are now free to play games with OPM (other people’s money) instead of resolving serious problems.