How is believing "Constitutionality hasn't mattered since Marbury v. Madison" anything but political defeatism? We get it. Courts are political. American jurisprudence can mean any law can be interpreted and applied at the caprice of the judges. That doesn't mean you get to completely abandon the legal battlefield of the courts, and cede it exclusively to your enemies.
Given the choice between an uphill battle legal battle and total surrender, I doubt you'd chose the latter. Better to go down swinging as "Fuckhead A" than to lay down in submission without so much as an attempt to defend yourself.

RT: https://noagendasocial.com/users/eriner/statuses/111523076143234325