[kube-system]

Yes, if your argument is found to be right in the future, then it will be right. Currently it is not, and it is unlikely to be any different until the composition of the court changes. Until then, the only other path to change it is an amendment.

[Retric]

I agree it’s the composition of the Supreme Court that’s at issue not the constitution.

Saying what arguments are right doesn’t make sense in these contexts only what is the current precedent.