The point isn’t the “excuse”, it’s the criticism over him not having full power behind his voice during the debate being irrelevant.
Which is incidentally the only real criticism I could see this morning, beyond people falsely claiming he was incoherent. Which he absolutely was not.
Defying the Supreme Court would set an extraordinarily terrible precedent. This only works if the masses are doing the defying. And it’s incredibly risky, as the Republicans would very quickly follow suit