“Miller does not agree with Marbury vs Madison.”
Lawyers cannot agree on the significance of MvM.
The fact remains, judges do not get to decide the decisions of the president. The law does not state: “The president may decide....but only if no federal judge disagrees.”
Just about any lawyer will agree that MvM established the USSC as the final arbiter of the Constitution.
According to the USSC.
Lousy decision, but one that has only been effectively challenged by Jackson and Lincoln.
The ONLY recourse is to refuse the judgement. Certainly the courts are no more likely to overturn that precedent than the US Senate is to vote for an Amendment to limit their terms of service.