At some point "we have 3 separate, equal branches" became "The lifetime appointed God Kings of the judiciary can do anything they want, suck it" (thanks, Nina Totenberg), and while I don't claim to be a fancy Constitutional Scholar like Ann Coulter (media outlets used to call her that), judicial review is the bit of our system with the least constitutional justification.
Some jockeying over power between the branches is normal. The Bush administration constantly declared bits of laws unconstitutional, for example, without consulting the courts.
"We're just going to pretend you didn't say that" is perfectly valid. There is some crossed line at which that would be obvious to most people (Texas judge declares Laura Loomer is president now), so as with most things "we're" just arguing about where that line is.
There's a bit of a problem one branch decides "separation of powers" means "this branch, we have all the power."
