I can argue this either way from a constitutionality standpoint, but I think given the court's current makeup it's very likely that this will happen, and that i

I can argue this either way from a constitutionality standpoint, but I think given the court's current makeup it's very likely that this will happen, and that it's probably the "correct" decision for most viewpoints on jurisprudence and interpretation. Of course, as in the Dred Scott case, the "correct" decision is morally awful, which is one reason I'm not a big fan of our Constitution, but it puts people in the odd position of having to either oppose a core part of the American system or passively accept that the system sometimes gives you results like this.