Well if it was them, they'd do it anyway and make the other side take action. Then, they'd ignore the results of any court-mandated action. Then, they'd choose to not enforce any law that would impede them.
Why don't we do that too? We're simply allowing the enemy [and they are an enemy] to defeat us by having us enforce rules on ourselves that they do NOT adhere to. Alinksy #4?
Exactly! And not just on this issue.
It's what Obama does. He does something, and then defies us to overturn it.