Yeah I don't expect that to last very long. Once it is discovered you can have an AI army that will tear apart any human force like tissue paper, AI will be classified and regulated as a WMD. They'll amend the Constitution if they have to, or get SCOTUS to do it for them.
This is why activist judiciaries inventing rights that plainly are not there (and in fact, supporters at the time understood that this was on shaky ground legally) are dangerous to rely on.