Not as a result of the "Nukular" option, but a provision of the Real ID "rider" that passed the Senate, 100 to 0, with the Military Appropriations bill:
Section 102 of H.R. 418 would amend the current provision to require the Secretary of Homeland Security to waive any law upon determining that a waiver is necessary for the expeditious construction of the border barriers. Additionally,
it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensation or injunction or other remedy for damages alleged to result from any such decision or action.
Link
Damn Judges might let Law get in the way of RIGHT (sic), so let's start to cut them out of the loop entirely.
You see the Constitution provides for laws that can't be ruled unconstitutional, but nobody in Congress before these fascists wingnuts thought doing so was a good idea:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
US Constitution: Article 3, Section 2
Isn't that a lovely little exception?
Now we have our first Law which gives the Secretary of DHS absolute authority over life and death, and there is no way to remove it other than to convince the same corrupt or incompetent rich white men who passed it to do so.
Why did they do this? Ostensibly to build a border barrier in a critical riparian habitat near San Diego. It seems that the enviormental laws and the courts were interfering with the BP's effort to build and Iron Curtain through and endangered habitat.
I'm sure there was more to it though, and this Rider with its many draconian provisions is the glimpse of what America will become; an armed camp divided into Bantu-stans and gated communities.
Don't worry though, the Real ID mandates that your driver's license has a 64K RFID chip in it, so the gates should open for you with a simple scan...