Question

When changes to the Constitution occur through the judiciary, who is making this ruling

Answer 1

Well if we get enough people, WE would be able to change it any way we want whenever we want. Framer James Wilson once stated in 1787 that, "the people may change the constitution whenever and however they please. This is a right of which no positive institution can ever deprive them."

the Supreme Court is making the ruling. <-- thats the real answer