[Qwerty]

They may have been removed by legislation, but if the SC had found them unconstitutional (had someone actually been arrested and taken it to court) they may have been ruled unconstitutional and thrown out. That isn't fiat, that's the way it's supposed to work.

[FairWitness]

When a court of nine members has to search "penumbras and emanations" to find support for overturning laws passed by democratically elected state legislatures, that is "fiat".