It’s not that the court will be public opinion, it’s that this is a political matter and thus a matter for the Congress, and not the court of public opinion.
And when has Congress ever done anything on it?
One irony is that people who believe they’re arguing for something like the “founders’ intents” in this case are arguing something more like “this is what the Founders should have done,” or “this is what the Founders really wanted to do.” But it’s not what they actually did.