Yes.
Reducing it to legal arguments and removing the politic completely ignores the driving force behind it all.
And this can clearly be seen by the Federal Govt officials being replaced by the regime specifically to remove constitutional frame works and to ignore the laws of the land.
Ergo....and this point really is the shit kicker, Trumps Govt places political animals from his far right circle in charge of the F.B.I. the military etc and therefore we see that this idea of appealing to the constitution and operational laws is completely irrelevant....and this is the proof: Citizens murdered = F.B.I. response is totally polluted, corrupted, unethical and driven by Political controls instituted by key Trump appointments.
It is the whole dam system.