If 38 states mount legal challenges and those challenges are struck down, that is 3/4 of the states, which could vote for a constitutional amendment to do the same thing.
BINGO!!!!
The Constitution is specific - 2/3 of the States can introduce an Amendment which the House/Senate must accept as written and send it to the States for ratification of which 3/4 much approve.
With polling showing over 80% of people in the US against this bill, we can easily do that, but we must act quickly.