Unconstitutionality, as we have well found out recently starting this whole mess is a meaningless phrase.

SCOTUS determines what is constitutional and what isn't. Not the constitution. Not any other part of the federal government. It takes 2/3rds majority of both houses to remove a SCOTUS judge, so there is effectively no balance of power, so they can decide what they like without any effective possible recourse as long as it aligns with at least one of the two major party platforms.

There is no guarantee, that despite its unconstitutionality, that it will be ruled that way. We've just found out there's no right to privacy in the constitution, and there's no guarantee for anything in our Miranda rights. It turns out quite a lot of things we thought were in the constitution weren't, it was just SCOTUS making up shit, to quote the Robert's court.