It is surprising that Professor McConnell does not address any of these authorities in his post.By now, it is not, though I respect that reply here is being polite, perhaps to further a point. As noted there, the op-ed basically is trying to push the law, while claiming to be conservative (with a certain holier than thou tone about "those" people concerned about non-legal issues). This is how law develops often, so it's a familiar tactic, but let's be aware of it.
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Thanks for your .02!