Citation please?
Actually Justice Marshall stated that in MArbury v Madison in direct conflict with the Constitution and then like now the Congress just rolled over and purred.
Exactly my point! The beauty of this 10C issue is it is forcing at least some elected officials to take a stand one way or the other.
The closest we've come to this set of circumstances was the Bush election back in 2000. But not for the intervention of SCOTUS, the Florida legislature, under intense but largely disingenuously reported pressure from the electorate, was poised to slap down the Florida Supreme Court. It was a missed opportunity that ended well anyway.