The Supreme Court's rule against software patents was a matter of statutory interpretation, not constitutional law. And software patents were created by a lower

The Supreme Court's rule against software patents was a matter of statutory interpretation, not constitutional law. And software patents were created by a lower court (the Federal Circuit) in the first place, so it would be perfectly appropriate for a higher court to reverse their error. I'd love to see Congress fix the problem, but there'd be nothing improper about the courts doing it.