I'm sure they could come up with some sideways approach to avoiding the issue, giving our Elites their victory by default. You know, emanations, no standing, it's tax not a fine, etc.
Not really. This is classic, undeniable injury to specific individuals, based on an unambiguous denial of an unambiguous constitutionally guaranteed right. There are no easy sidesteps. Again, any such deflection would be so severely against custom and precedent it would necessary trigger a massive jurisprudential earthquake. Not that that is impossible. But for reasons already stated, I think it is unlikely.
Besides, if the so-called “elites” really had unlimited power, or could never lose a fight, all we who love and practice freedom would have been gone centuries ago. There is a God in Heaven, and he’s going to keep the fight fair. We just need to stay in it.