1. A more accurate restatement of what Posner wrote is "It's probably constitutional and any argument the other way has an uphill struggle." When it comes to constitutionality, SCOTUS precedent is not good or bad, it's simply is reality.
2. Fine, my bad.
3. Him being quoted by Breitbart means nothing. I mean Obama has been quoted by them. Clinton has been. Pretty much every single prominent Democrat politician has been. The only thing that is exposed by saying "breitbart" is that you disagree with the right.
And on the fourth, exactly. I'm not arguing whether it's constitutional or not. I'm saying that anyone who says that it's unconstitutional on it's face is full of it. It's clearly not obviously unconstitutional as people who study the constitution and work in the field feel that it could go either way.
2. Fine, my bad.
3. Him being quoted by Breitbart means nothing. I mean Obama has been quoted by them. Clinton has been. Pretty much every single prominent Democrat politician has been. The only thing that is exposed by saying "breitbart" is that you disagree with the right.
And on the fourth, exactly. I'm not arguing whether it's constitutional or not. I'm saying that anyone who says that it's unconstitutional on it's face is full of it. It's clearly not obviously unconstitutional as people who study the constitution and work in the field feel that it could go either way.