Door number 1 would be quite interesting on the legal/lawful front; but I’m betting the USSC will not dare touch it a it is almost their golden goose. (2nd, I believe, only to Roe v. Wade, because so long as Roe v. Wade stands the USSC can point to it as justification for any ruling which in essence alters the Constitution.)
That leaves Door #2. They may wish they’d chosen Door #1.