We can't because our system of government is broken. If the courts are going to stick to stricter interpretations of the constitution, the US is more likely to rapidly decline or fall apart completely than to fix its problems via legislation. We have only limped along this far because the courts have been lenient on that since our ~3rd major reformulation of our government (FDR). Our system of government cannot support a modern developed-world (go easy on me, citizens of other OECD states—we're kinda developed, anyway) state, without that leniency. The only hope is that monied interests will step in and force a fix because their money's threatened—we've got issues with 70+% support from the public that can't get any traction in the legislature, so clearly "lots of people want it" isn't enough (see again: our system of government is broken) so we have to hope rich people's interests align with ours, or nothing will be fixed. Given modern stateless capital and that so many rich Americans seem to have been working on a comfortable escape route from the US in the last few years, I'm not optimistic.
