> If the appellate court decides that argument is BS, those government officials can be subject to criminal penalties. Especially if they continue to do it even after the court has ruled against them.

Well, this is the part that remains to be seen. Is anyone going to go to prison? For my money, no. But I'm cynical. We'll see what happens. But, I think merely a theoretical rule of law means nothing. I'm sure Nazi Germany had many laws on the books that were broken and subsequently ignored.