[justinjlynn]

I would love to see the government attempt to defend such a stance in front of the supreme court. I have a sneaking suspicion there'd be a major judicial shitfit on that.

Chief Justice would probably be all: "LOL, you did wut? ಠ_ಠ"

[oldandtired]

The problem is that they don't have to (yet). They do it now and get away with it and currently with impunity. If I recall correctly, there is a case in Texas about the matter, but that is the only one I know of at the moment.