This is shifting the goal posts. You said this will continue to happen as long as Republicans have no counterbalance in courts[0], congress[1], or the whitehouse [2; sic] - which kind of implies (actually not kind of, it directly implies) that if only there were some more Democrats around this wouldn't happen. So "both parties do this" is absolutely a valid criticism of your point and one you probably have to address.
[0] Most things are decided long before SCOTUS involvement, and most courts are liberal-leaning.
[1] Republicans are far short of a supermajority in the Senate so nothing passes Congress without Democratic votes
[2] The White House is always singularly partisan by definition, what Democratic counterbalance you expect to see in a Republican White House, or vice versa?
[0] Most things are decided long before SCOTUS involvement, and most courts are liberal-leaning.
[1] Republicans are far short of a supermajority in the Senate so nothing passes Congress without Democratic votes
[2] The White House is always singularly partisan by definition, what Democratic counterbalance you expect to see in a Republican White House, or vice versa?