I think the SCOTUS sees this as a political fight between the left and the right so they'll stay out of it. If they are too aggressive, it will give Joe Biden the excuse they need to pack the court.
Cases are going to be appealed to the SCOTUS, so no matter
how on point you are, they will have to assess and stick
with the Constitution (hopefully).
When they do, the Left hasn’t got a leg to stand on.