SCOTUS can not make laws. Miranda vs. Arizona, 384 US 436 p. 491 Is the Supreme Court above the law? The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land.  The U.S. Constitution is the supreme law of the land, and any statute,  to be valid, must be in agreement. It is impossible for a law which  violates the Constitution to be valid. This is succinctly stated as  follows: "All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803) "When rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491. "An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs. Shelby County 118 US 425 p. 442 "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. "No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16 Am Jur 2nd, Sec 177 la