General Discussion
In reply to the discussion: Thom Hartmann spanked a couple of DU'ers today on his show - [View all]HiPointDem
(20,729 posts)Congress "could" theoretically institute such a law as you posit.
As you pooh-poohed my post on Plessy by talking about the "progress" since then, I'll say your scenario of Congress passing such a law is about as likely as SCOTUS reinstituting Plessy.
On edit: and actually, as witness the post below, I think it's much more likely that SCOTUS will bring back "state's rights" in order to devolve federal spending on social programs.
http://www.democraticunderground.com/1002485334
Also, re your comment that Congress can just impeach the SC if their judgments are against the mainstream of American opinion:
That is two steps removed from the will of the people.
With legislators, you can at least vote them out. You don't have to mount an impeachment campaign, which, when you also have to convince your legislators to mount said campaign, then go through the process itself, makes the justices all but untouchable by any democratic process.
It makes justices almost untouchable, which is why only one judge has ever been impeached.