He's not. But, what people lose sight of is that the courts don't care about the law, when the law stands in the way of progress (as in "progressive"). I do agree there will be legal stuff (court action) going on, but the courts are not going to apply precedent to this case. The public at large won't know the difference.
I could see that. They have been very wrong about many things in the past 50 years or so.