Because most things that are “unconstitutional”… aren’t. At best they are a grey area that (arguably) clearly goes against the spirit of the document but… the spirit of the document is also that white men are all that matters.
So a claim of “that is unconstitutional” would need a nuanced discussion (and nuance is for Barren Women And The Gays!!!) and would lead to actual lawyers saying “uhm… it technically isn’t?”. And said nuance would lead room for a bad faith interpretation by the SCOTUS to “clarify” things in law.
Cue: “The SCOTUS will not go that far because steven universe taught me the power of friendship and we are totally going to have fair elections in 2028!” idiots.
Whereas “he is both mentally and physically unfit” is something that speaks to both sides. Just look at Kamala’s campaign (which was mostly “Hey guys… I am not Biden”)
Also… republicans are going to push a LOT harder on the illegal shit angle because they can be implicated in that. Whereas this will let them say “We were just following orders” and “I didn’t do anything wrong”
Because most things that are “unconstitutional”… aren’t. At best they are a grey area that (arguably) clearly goes against the spirit of the document but… the spirit of the document is also that white men are all that matters.
So a claim of “that is unconstitutional” would need a nuanced discussion (and nuance is for Barren Women And The Gays!!!) and would lead to actual lawyers saying “uhm… it technically isn’t?”. And said nuance would lead room for a bad faith interpretation by the SCOTUS to “clarify” things in law.
Cue: “The SCOTUS will not go that far because steven universe taught me the power of friendship and we are totally going to have fair elections in 2028!” idiots.
Whereas “he is both mentally and physically unfit” is something that speaks to both sides. Just look at Kamala’s campaign (which was mostly “Hey guys… I am not Biden”)
Also… republicans are going to push a LOT harder on the illegal shit angle because they can be implicated in that. Whereas this will let them say “We were just following orders” and “I didn’t do anything wrong”