“Today, I think we’re in the exact same situation,” he says. “Only this time there isn’t a core group of people who have coalesced around a basic alternative.”

It’s possible such a group will emerge as the court prepares to issue a decision, probably in late June. The party’s presidential aspirants may also take an interest in Butler’s alternative, given the failure of efforts to repeal the law.

“You can bang your head against the wall all you like,” says Butler. “If it doesn’t fall down, then maybe you should go around it or figure out some other way to move forward.”

So far, though, no one has called. But if the court sides with the King plaintiffs and the blowback is as intense as some people expect—well, maybe then Butler’s phone will start ringing.

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