That’s a slightly different argument, if you accept that the courts are final arbiters then clearly they get to determine what’s allowed not the legislature.
It’s often argued by public officials that exceptions are allowed in extreme situations, though what those are is of course up to the courts. Perhaps best summed up as "The Constitution is not a suicide pact". https://en.wikipedia.org/wiki/The_Constitution_is_not_a_suic... Which of course isn’t a blank check to do anything for any reason, but it is considered by the court system in various cases. There are many examples of this argument being considered acceptable, and perhaps more frequent examples of it being rejected.
As such simply saying the legislature was bypassed on it’s own is not considered a sufficient legal argument.
> As such simply saying the legislature was bypassed on it’s own is not considered a sufficient legal argument.
Well, the interesting point of law here is that the Constitution specifically delegates the authority to the legislature. So in this particular case it may indeed be as straightforward as saying that the legislature was bypassed and didn't authorize the changes. At least that is my understanding of the case so far.
That’s a common thread across other instances of this legal argument and again on it’s own is considered insufficient.
It all rolls back to article III section 2 The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution
The legislature is often assumed to have a great deal of power, but it was intended to be relatively weak just like the other two branches of government.
It’s often argued by public officials that exceptions are allowed in extreme situations, though what those are is of course up to the courts. Perhaps best summed up as "The Constitution is not a suicide pact". https://en.wikipedia.org/wiki/The_Constitution_is_not_a_suic... Which of course isn’t a blank check to do anything for any reason, but it is considered by the court system in various cases. There are many examples of this argument being considered acceptable, and perhaps more frequent examples of it being rejected.
As such simply saying the legislature was bypassed on it’s own is not considered a sufficient legal argument.