It is the very use of the courts to legalize government ordered murder of innocent citizens and the use of law enforcement to prevent any "interferance" with this government ordered murder that constitutes a police state. Governments (and courts) will abuse their power if allowed to by the people. Look at Nazi Germany -- they legalized everything they wanted to do to the Jews. It is the consensus against such abusive action by Government that gives us protection and we have three branches to protect us from any one getting too far out of line. The courts, like the courts during the slavery era, have abdicated their responsibility to uphold first principles of life and it is now up to the other branches to protect innocent life from the corrupt and out of control judiciary.
And the way the people check the abuse of power under our system of government is to elect different representatives. Not by appealing to the executive to act outside of the law.
dittos