There is ample authority, because it is Constitutional authority. Article 6 requires all state officeholders to “be bound by oath or affirmation, to support this Constitution:” This duty to support is affirmative. It may not be discharged merely by promising to do so and then remaining mute in the face of violations, such as the Supreme Court’s decisions.
Nor is the determination of constitutionality the exclusive province of federal courts. The obligation to support the Constitution and all its limitations rests in each officeholder. You will see from the following quotation from Lincoln’s first inaugural address that any attempts to rely solely upon federal judges, rather than upon all state and federal officeholders to support the Constitution “resigns” the government into the hands of the judiciary, which is itself unconstitutional.
“I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties of a suit… And while it is obviously possible that such decisions may be erroneous in any given case, still the evil effect flowing from it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice.
“At the same time, the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal”
Any constitutional infractions, such as the Supreme Court’s decision, that impinges upon every facet of our lives and state government is a fit subject for our state government to address.
Paul F. Double