Tecnicaly yes it can be. States are under no obligation to lift a finger to enforce the edicts of the oligarchs on the court. Particularity when those edicts overturn law as written and practiced for hundreds of years.
Only the friends of tyranny could call that justice, much less Constitutional order when the nature of law can be changed on a bench after hundreds of years of practice in the other direction.
Law making is the work of a legislator not a judge. To allow judgest to issue such broad edicts in total contradiction with hundreds of years of practice in addition to the clear wording(or lack there of in power) of the Text of the law is to invite dictatorship not just or rule of law, but rather rule of men in black robes.
Rule so blatantly corrupt and open that they ignore even their own previous edicts in the interest of imposing their lawless will upon what was once a free people and nation of laws.
well stated.
Your description of the current kritarchy we live under is absolutely spot on. Unfortunately, our Congress does nothinga about it.