“This is a waste of time.”
No it’s not a waste of time. It will bring conservatives out en masse to vote in November. And while they are there, they’ll vote for the Republican candidate. If turnout helps the Republican candidate, who really cares about what the courts decide about the amendment?
McCain won the FL primary because of record turnout due to a homestead tax amendment on the ballot, and Charlie Crist’s endorsement. Moderate and liberal Republicans who probably would have stayed home, came out to vote for the amendment...and ended up voting for McCain while they were there.
How can a “constitutional amendment” be unconstitutional? By definition it becomes part of the Constitution.