I hear you...but no judge is going to rule on this. They’ll find a way out of it (political question, standing, something).
Suprisingly, most judges don’t like sticking their necks out in controversial issues. Despite the very real judicial activism.
Not sure how the judges are in EDPA.....have to research it.
Don’t get hung up on the legal issues. This is designed to give Obama a POLITICAL problem at the convention, not a short-term legal one.