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I also don't think that Congress needs to have enacted legislation. After all, we don't need legislation for "due process" or "equal protection" to apply (also in the 14th Amendment).

What is blowing my mind is imagining the consequences of the Supreme Court taking the case (I think they'll have to) and issuing a ruling.

I can't imagine a ruling that won't be . . . explosive* . . . one way or another.

*tired brain, searching for the right word.

3/