Do you really believe that the ACLU or any of their ilk care what the masses or majority thinks or wants? They will shrug this off and laugh knowing full well that the majority no longer rules this country in many/most forums.
Yeah I know all the left cares about is what their judges will mandate, the will of the people is irrelevant. But its still nice to make them squirm about what will happen when all their judges are gone and the Republicans won't give them any more "litmus testers."