Sure, but this is just a single decision, and who are the judges supposed to be complicit with? The current president? The last one? The next one? A specific party?
Complicit in the sense of helping to set the stage for future abuses. Not complicit in the sense of conspiring. SCOTUS has made quite a few bad decisions which set the foundation that I speak of.
The ruling certainly sets the stage for something. It's almost like they didn't want to actually rule, but rather set up a framework for making future rulings. I can't say I disagree with the approach.