PS: But we need to be clear that that's what's happening.
Courts do sometimes ignore broken law, but we need to call that out as we demand reforms to the law to fix them.
The Texas judge seemed to also expect exactly this. He was bound by precedent himself, so he opened a window for higher courts, with more freedom, to break that glass.
Congress needs to fix this. So far I don't think anyone is pressing the case with the people who actually have the fix.