It depends upon whether he is an Institutionalist or a Constitutionalist; I opine the former.
It is not his job to second guess the law with respect to potential societal consequences. He is neither a judge nor a jury.
We either have rule of law or not. (I say we do not, and that everything in the District of Corruption is brokered.)
Clearly we do not have rule-of-law. We have "pretense-of-law". It always works against us.
Time for us to play by the real-rules. Our opponents aren't going to like that.