Perhaps. But the lawyers who filed these suits are some of the best, most experienced lawyers in the country, who rarely lose. And they could in fact bypass the regular courts and take this straight to the Supreme Court if they wanted ... there is precedent for that approach. I agree with you that strict interpretation of constitutional law has been twisted, but Admt. 3 goes well beyond the Constitution and will be struck down for a number of reasons. These lawyers know what they're doing and won't take a case unless and until they feel confident beyond a shadow of a doubt that they can win.
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