Sure, there's some leeway in how these vague tests are applied. But just because one judge gave a generous interpretation it doesn't mean the law has somehow changed significantly.
If judges just abandoned it they'd probably be overturned by appellate courts.
I'm not arguing the injustice of it, just reinforcing the OP commenter's point: the law has not changed, and this ruling does not materially affect that.
If judges just abandoned it they'd probably be overturned by appellate courts.
I'm not arguing the injustice of it, just reinforcing the OP commenter's point: the law has not changed, and this ruling does not materially affect that.