Nullification can still play a role if a state has the guts. Imagine a supreme court decision which a president refuses to enforce. Andrew Jackson did it. The only check on the president would be impeachment. The ultimate check on the court would be to withdraw its authority to act in certain cases. Surely a Constitutional Amendment would be preferable to that.
Imagine a supreme court decision which a president refuses to enforce. Andrew Jackson did it. I don't recall that one, please enlighten me.
Another thought occurs, MA is having a Constitutional Convention next week, perhaps ending lifetime tenure for state Supreme Court judges is, or could be, put on the agenda? Many states require their highest court judges to stand for re-election, often the contests are real yawners, but I doubt it would be the case in MA. It would confer more legitimacy on the court's decisions.