"It's the part about judges deciding that certain laws simply cannot be enacted"
What judges have not been enacting laws? The only time they do that is when a law is unconstitutional, and things can be appealed, right up to the SCOTUS is necessary. If you're talking about the Terri case, what law was not enacted, and why do you think the SCOTUS declined to hear the case and so enforce the mystery [to me] law?
You can use a weaselword like "unconstitutional" if you wish, but facts are facts.