The Judicial ruling it unconstitutional would. They have the power to jail all the time. Contempt of court and all. The ruling would vacate their position and slap them with some high crime.
Well, we are an unconstitutional government and have been since at least 1803 when the Judicial invented powers to rule on Constitutionality and while I agree in having the power it has to be in the Constitution with checks and balances.