Without overturn, the case law becomes law (so said Justice O'Connor).
The federal courts issue opinions. They don't make LAW. The legislature makes law.
The President can either enforce, or refuse to enforce judicial opinions.
A point made in the second debate last night by Bush:
Unborn in Roe V Wade, Blacks in Dred Scott Supreme Court Decisions ...
If, as the Supreme Court held, slaves and the unborn are not "persons" what are they? They become a form of property. The legal impact of Dred Scott v Sandford, 60 US 393 was to free slave owners to abuse or even kill an unruly slave "property" if they so chose. The legal impact of Roe v Wade, 410 U.S. 113 was to free pregnant women to abuse or even kill an unborn infant if they so choose.
What is case law ?
The Calif. Legislature banned "assault weapons." ---The 9th Circuit Court of Appeals said it was okay. ---The 9th Circuit Court (as I recall ) said that the USSC would have to overturn Cruikshank (and Presser ) before the Second Amendment could restrict the Calif. legislature.
This is the enforced law in California.