In former President Donald Trump’s second impeachment trial, Republicans find themselves in a familiar position: arguing that something Democrats, and a large slice of the public, want is unconstitutional.

Forty-four of the 50 Republicans have voted that they do not have the authority to try a president whose term has concluded under the impeachment process. While 56 senators concluded otherwise, including one additional Republican (Louisiana’s Bill Cassidy) since the last time this question came to a vote, this suggests it is unlikely the Senate has the required two-thirds majority to convict Trump — regardless of what is said during the trial.