If the ACLU challenged it, it was for an agenda--to further the existence of the ACLU, which is just another lunatic-fringe group, fighting for the same tiresome cause of "diversity and equity", which is an elusive, esoteric cause that grows quite tiresome. The Constitution doesn't need activist judges, money-grubbing barristers, and malcontent clients tearing it apart in a tug of war to "interpret" what it says.
For corn's sake.