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"You were implying that because the judges exercised their "Free Will" as human beings in choosing not to decide, they've somehow made a legal ruling. That is what I was taking issue with. "

The effects the same. If Congress makes a borderline unconstitutional law tomorrow, I think it’s as good as legal until a judge exercises his ‘Free Will’ and puts a stay on its implementation. They know this, and that’s what I think the lyric is referring to. No choice is a choice because it has a resulting outcome. (Who’d have guessed that a Rush lyric would settle this disagreement.)

It's only "as good as legal" in the practical sense. The courts have ruled in the past that an unconstitutional law is unconstitutional from the moment it's passed, not from the moment it's declared unconstitutional. The court's job is merely to discover it's unconstitutionality, not to cause it. Hence, if they decline to do their job in a particular case, the law is still unconstitutional, but simply hasn't been officially "discovered" to be so. So it's only in that sense that it's as good as legal.