I'm not commenting on the way things should be, I'm commenting on the way things are.
And if you're saying that this ruling is bad because it doesn't work well in an idealized model of the law as you think it should be... that's an interesting observation, but you can hardly fault the judge for crafting a ruling that works in the context of the actual legal system.
And if you're saying that this ruling is bad because it doesn't work well in an idealized model of the law as you think it should be... that's an interesting observation, but you can hardly fault the judge for crafting a ruling that works in the context of the actual legal system.