The answer is that any given Legislature can pass any law it likes, subject to the signature of the chief executive of the jurisdiction. As regards passage of a statute, courts have no de se jurisdiction, or, in plain English, they've nothing at all to say until and unless some party brings suit about the statute in question. Instances abound in American history wherein the court says X and the Legislature involved says (effectively), "screw you" and passes a statute saying NOT X.
Then, in your example, some party brings suit on some sort of grounds, arguing that the new law in "unconstitutional". If the same court as ruled originally should hear this case also, likely said court will rule the new statute unconstitutional again.
Assuming such dead-set opposition, what will likely happen at some point is either 1) due to retirement or impeachment, one of the sitting judges on the SC will go, the chief executive will appoint another, and the case will ultimately be resolved, probably in favour of the Legislature, or, 2) the Legislature will pass a different statute limiting or prohibiting the court(s) from deciding such cases as are now in question (you think not? See Art III, Sec 2 of the US Constitution, wherein such power is expressly granted to the Regress, er, Congress. Many states' Constitutions have similar clauses.)
At any rate, the current system DOES provide an ultimate decision procedure between 'warring' powers of the legislative and judicial branches.
As a side note, pls always remember that the Framers put the legislative branch FIRST and the judicial branch THIRD, and with very good reason, having been close students of history, and such "judiciary" outrages of medieval courts as star chambers, trial by ordeal, presumption of attainder and corruption of blood. It is, therefore, the clear intent of the Constitution as written (not as "interpreted" since, of course) that the legislature is supreme over the judiciary when push comes to shove.
Best to you, and, oh yes (sorry!), go Cards!
ugh I hate the cardinals, LOL :)
Thanks again for another great response.
It looks like under the system, the courts and the legislature could just battle back and forth indefinitely till one gives in to the other.
I was just wondering because if the massachusettes governor and legislature are going to disregard the supreme court’s ruling re speech zones, then what’s to stop another more conservative legislature/governer from disobeying a courts “gay marriage is unconstitutional” decision or perhaps defying roe v. wade itself?
then again tho, if that were to happen the media would go after them like rabid dogs, and most likely they’d fold under the pressure.
As far as checks and balances I guess one branch has got to be on top. It seems like marbury vs madison (sort of) settled that by the court jumping in and saying effectively “it’s us”. (looks like a power grab to me)
I can safely say this tho, the ability of just one circuit court judge to nullify a governor plus a legislature, or even a president plus a congress on a whim is absurd. There’s nothing co-equal in that.