The Supreme Court can just make up its own rules. It made up its power of judicial review. Who's going to decide that they can't take initiative if they decide to?

SCOTUS can potentially take up a case at any point and it could had they wished decided the tariffs would not go into effect until they ruled.

“Passive” in the sense there’s no rule they can’t “actively” take bribes then make decisions to passively allow unconstitutional action by the other branches of the “checks and balances”