The current US Supreme Court will not hesitate to legislate from the bench. That is what the current Roberts Court does. They claim to rely on precedent, but just make stuff up as they go, finding special exceptions to everything they do not ideologically agree with. That is why buying politicians is now legal in the US - the Citizens United case. How this case might come out is a toss up - 50-50 pick'em. The only certain thing is that the decision will be political, not based in the US Constitution or any constitutional concept.
Firebomb thrown during demonstration in northern Israeli town of Umm al Fahm (Haaretz)