It doesn’t matter what I think or even what commonsense would indicate. It matters how the intricate protocols of consitutional jurisprudence are handled by those who bring the case before the Court.
Yep just as it doesn't matter what the Constitution says, only what someone says it says. This is ok until we start questioning what "is' means, or "what shall not be infringed" or "make no law," somehow means make no law unless we want to. We no longer care to try and amend the Constitution we just let a few black robed thugs do it for us, easy peasy.