Yes … the famous line, “what difference at this point does it make?” The powers that be have figured out the weakness of our justice system: swarm it frivolously, swarm it with a culture that encourages crime, overwhelm it to the point speedy trials, due process and presumption of innocence are forgotten. Then just blatantly push legislation that you know wouldn’t pass the Constitutional test, but you know that it will take a lot of time, energy and money to bring it to court, if it ever does, because the system is intentionally clogged. SCOTUS only picks up a small fraction of the cases sent their way, so violations of the constitution remain in effect until they get around to hearing the case.
This is a similar problem that citizens face across the globe, even in countries with functioning democracies. There are often mechanisms to reverse decisions made by a public body or person who enforces something incorrectly, for example if you're wrongfully arrested and/or charged for a crime that you actually haven't committed, because the police or prosecutor or legislators are interpreting the law incorrectly.
Yes, in the end you will be let free (or the law will be overturned) but in the interim you've had your freedoms denied, mounted up a whole lot of expenses, probably lost your job and maybe even your family. The people responsible go "Oops, nevermind" and move on with their lives whilst you are left to deal with the consequences.
It's a real flaw in the system of all of our western democracies, in my opinion.







