By all means, pursue it if it makes you feel good. It will come to nothing, as it has already come to nothing every time it's been tried.
It should be obvious by now that theoretical legal arguments don't carry any clout with this Court, or with most of the lower courts.
“Theoretical” arguments carry all the clout with this court.
It’s arguments based on logic and reality that don’t do so well.
And that succinctly encapsulates everything we see going on in the legal system currently.
At this point I urge people to break laws. They no longer have any moral compulsion, and people should just ignore them if they are able.