Lawyer here, you're 100% right. I remember back in school my health law prof actually specifically used what's going on now as an example, saying that it's not constitutional, but it's never been tested and the gov't wouldn't actually do it, so it's sort of a moot law. That is, there's no need for an SCC reference case to test it's validity when it's literally not been used once.
Lawyer here, you're 100% right. I remember back in school my health law prof actually specifically used what's going on now as an example, saying that it's not constitutional, but it's never been tested and the gov't wouldn't actually do it, so it's sort of a moot law. That is, there's no need for an SCC reference case to test it's validity when it's literally not been used once.