No, seriously. Just like any system ours has loopholes and contradictions, we all know this. I think the left in America isn't focused enough on legislation that would almost certainly be challenged by SCOTUS which, in their decision, would open up an even bigger can of worms to overturn than to just keep in place.
I think the goal of this should not be to try and force a decision to uphold but rather to force them to swallow the poison pill and further harm the fascist project in the USA. Literally goad them into an overturning of whatever law you passed that requires such an opinion as to have broad sweeping repercussions. I don't have any ideas because I haven't thought much on it. However, I think there is some opportunity in this idea and enough people ruminating around it has potential.
It seems to me the rightwing kind of already engages in this. So why not the left? Isn't eroding the legal constructs of the capitalist state in our best interests?
Yeah, a commitment to "transitional programmes" as the Trots call them would be nice, but you gotta be able to take advantage when the capitalists put the hammer down on your shoes for orphans campaign because it will decrease profits 2% next quarter.