It might be well to consider that if Berg's case has merit then the nine Justices are in a position to exercise a lot of power and change the face of American politics. The system was set up with 3 co - equal branches, but the Judicial branch has been reduced to rulings on porn and Nativity scenes on public property, they got a lot of attention from the Heller case, and would probably be very eager to remind Congress and future presidents that the court has as much clout as they do, and do not have to worry about re election.