Duh. No one said they should file it today. But they should file one, and they should begin researching and preparing to file it today. Just like the leftists do when American citizens exercise their rights and vote to stop giving their money to illegal aliens, or to prohibit gay marriage. They file their actions THAT DAY, in a venue that is favorable, and they always seem to get a judge they like. People on our side need to think aggressively, because the other side sure does.
The waving of arms and shouting is good. It is meant to be a deterrent to his lawlessness, and a signal that it will not go well for him. If he proceeds, which it seems he will, then he will have done so intending to go to war with the people.