The success of fighting it only works as well as 'where does public opinion on the issue currently lie'.
The constitutionality of a law is a political red herring. My favorite example of this is gay marriage. All the way between 1776 and 2015 it was illegal - yet somehow, magically, in 2015, banning it became unconstitutional.
Did the Constitution change in 2015, without us noticing? Did the lawyers advocating for it figure out some sequence of utterances that made a lightbulb go off in the heads of the judges?
No. What happened is public opinion changed.
The constitution gives you theoretical rights. Whether or not you actually have any of them is a direct product of what the public thinks of you
The constitutionality of a law is a political red herring. My favorite example of this is gay marriage. All the way between 1776 and 2015 it was illegal - yet somehow, magically, in 2015, banning it became unconstitutional.
Did the Constitution change in 2015, without us noticing? Did the lawyers advocating for it figure out some sequence of utterances that made a lightbulb go off in the heads of the judges?
No. What happened is public opinion changed.
The constitution gives you theoretical rights. Whether or not you actually have any of them is a direct product of what the public thinks of you