Actually, I have been on the record often over the last year, stating that Amendment 3 was an overreach by government and should and likely will get peeled back in some way, shape, form or another. But I disagree with you and Richard Epstein that it is a contractual violation. What contract?
The overreach is a taking by going too far under powers granted by HERA. An overreach is cured by reining in the excessive behavior that oversteps statutory rights granted under law.
JMHO.