Then sue, at that point, and win.

unless they're gonna bribe Clarence Thomas and the rest of the Bush appointees with more $$$ and goods that their current backers that approach is going to fail

the Tea Party's main goal was to get their people into local / state / federal circuit / SOCTUS positions, and they have succeeded.

Ah yes, I have a lot of faith that the stacked Supreme Court will return a fair result in this issue.

SCOTUS says no.