Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to call a Constitutional Convention or work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however.
In most cases, they either rewrite or abandon the legislation. Congress also sometimes ignores Supreme Court decisions, although they are not supposed to.
A case from back in the 1700's. See below link for further information:
In the Dred Scott v. Sandford case, the Supreme Court ruled that African Americans, whether free or enslaved, were not considered citizens and thus could not sue in federal court. The decision also declared the Missouri Compromise unconstitutional as it exceeded Congress's authority to regulate slavery in territories. This decision further polarized the nation on the issue of slavery and was a significant factor leading up to the Civil War.
By declaring that the Constitution protected slavery throughout the USA, the Supreme Court drove the two sides further apart, and helped to bring war closer.
When a case is reversed and remanded by the Supreme Court, it means that the decision made by the lower court is overturned, and the case is sent back to the lower court for further proceedings or a new trial.
The Dred Scott decision was a Supreme Court ruling in 1857 that declared African Americans were not U.S. citizens and had no rights as such, irrespective of whether they were enslaved or free. This decision further fueled tensions over slavery leading up to the Civil War.
The Supreme Court's decisions are always final unless they agree to rehear a case, which rarely happens. The Supreme Court is the final authority on federal and constitutional law in the United States; there is no further avenue of appeal. There are only two ways in which a Supreme Court decision may be overturned: 1) the Court may change its own decisions; 2) Congress and the states may effectively overrule a decision by constitutional amendment. In the case of nullified federal laws, Congress may rewrite the law to comply with constitutional requirements. For more information, see Related Questions, below.
The only court specifically provided for in the US Constitution is the Supreme Court. Article 3 establishes the Supreme Court ". . .and such inferioe courts as the Congress may from time to time ordain and establish." Further, Article 1, Section 8, Clause 9 authorizes Congress to constitute tribunals inferior to the Supreme Court. The federal court system has several individual courts, but only the Supreme Court is mentioned in the Constitution
1857 - when feelings were already running high on the slavery question. The decision - and the reasons given for it - further inflamed the powerful Abolitionists.
In Article 9 of the Articles of Confederation, Congress faced limitations on several powers, including the inability to levy taxes or regulate commerce between states and foreign nations. This restricted Congress's ability to generate revenue and enforce trade policies, ultimately undermining its authority and effectiveness. Additionally, Congress could not compel states to fulfill military obligations or enforce laws, further curtailing its capacity to maintain order and unity among the states. These limitations contributed to the challenges faced by the early American government under the Articles.
The opinions and decisions made by the US Supreme Court define federal law. There is no higher court and no further appeal. All local, state and federal courts are essentially bound by the decisions of the USSC. If the USSC decision is not unanimous, the majority opinion is the binding decision.
The Supreme Court ruling in Dred Scott v. Sandford 1857 worsened sectional conflict by declaring that African Americans, whether enslaved or free, were not citizens and could not sue in the federal courts. This decision further entrenched divisions between the North and South over the issue of slavery and fed into the growing tensions that eventually led to the Civil War.
Marshall used the case of Marbury v. Madison to establish the principle of judicial review, the authority of the Supreme Court to strike down unconstitutional laws. Today, judicial review remains one of the most important powers of the Supreme Court.