The real problem is why any court feels they can decide whether any law is constitutional or not. That is called “judicial review,” and it was specifically left out of Article 3 of the Constitution, which governs the federal courts particularly the Supreme Court. Judicial review is unconstitutional, because it is a usurped not a delegated power, and because it allows the judiciary to interpret, rule on, or effectively overrule the Constitution. That is why such power was never delegated by the states, to the federal government, when they ratified the Constitution. This is why it is the states, Congress, and the people directly through jury nullification and through representation, who can rule on the constitutionality of federal laws. Having usurped judicial review, the courts have also ruled out any challenge to that authority. So until the judiciary is stopped, they are going to continue to use, and abuse, this assumed power. No part of the government can self validate their own authority without any challenge, because there is no check or balance, which is why no such authority exists. No judicial review authority over state law exists either. Therefore, any court basing their opinion on laws they have decided are constitutional through judicial review is illegal, if those laws conflict with the Constitution.
