Getting the law nullified doesn't affect the executive order.
The legislature, from what I have been able to find out, so far, can take action to override an executive order. But the legislature is on board so there is no usuroation of their poewrs at issue. If there were they could petition for a judicial remedy.
That hasn't happened.
If the court tries to intrude into the legitimate powers to the legislative and executive branch, they'll be on pretty thin legal ice.
BTW I came accross this interesting tidbit.
EO 01-262 I hereby declare that a state of emergency exists in the State of Florida... The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity...
This is part of an executive order issued by Jeb Bush in 2001.
It had no expiration date. Im wondering if he ever rescinded it. If not doesn't it make any appeal by Schiavo, Felos, or the ACLU moot?
After all, the courts are a government entity.
THis is also a good example of the sweeping executive power he has to act when he deems necessary.