The give it up and move on crowd is populated by newcomer trolls to founding troll zombies, who awaken from the dead on issues like this to tell us we are embarassing them.
I’m not saying the issue should be given up on totally. I think it’s OK though to admit that it’s a lost cause in the courts and instead focus on alternative options.
The courts see this as a political issue that they have no real place in. Well, the conservative judges do, anyway. The liberals would flipflop if McCain had won and this were a suit about McCain instead of Obama.