I reread my posts - they are all consistent - at least to me.
So my failings are not just "selective memory" if they do not follow. Nor do I see the "point" I am failing to address. If you want to state a question do so.
I argued from my first post on the subject that the question is one of public policy. Where should the policy be set? In thousands of courts or by Congress? I favor the latter. Good lawyering will always make reasonable arguments and without some cohesive sense of your policy goals the result at times can be chaotic and is always very expensive. As a society, we should not waste resources on policy errors - the importance of that should be apparent - especially now.
ij
There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)