The Civil Courts already have pushed this thing very hard. It was the Civil lawsuits, by ACLJ, Jay Sekulow, Mark Levin and others that got us this far, in many ways.
Should look at the latest decisions... Sure does not look like a conservative court to me but does look like a court subjected to influence by those in power. Maybe you are looking a the few decisions that seem plausible rather than those that are unconstitutional.