In the end people are being swept upt under what seems to be an obviously unconstitutional thing and yet the courts continue to shrug.
I agree with the Penn State Law Review analysis in your link. Sadly that's not the reality of the world we live in. You're burying your head in the sand pointing to a document that suggest how things should be compared to what has actually been happening. In the end, people are being stopped and nothing is being done about it. Some paper put out by a law review isn't ending the persucation that is happening no matter how hard you ignore it.
Words on some paper mean nothing compared to the actual actions of man.
I agree with the Penn State Law Review analysis in your link. Sadly that's not the reality of the world we live in. You're burying your head in the sand pointing to a document that suggest how things should be compared to what has actually been happening. In the end, people are being stopped and nothing is being done about it. Some paper put out by a law review isn't ending the persucation that is happening no matter how hard you ignore it.
Words on some paper mean nothing compared to the actual actions of man.