“I can’t believe that ‘not proper’ is the strongest criticism that an intelligent adult (in the business of the LAW) could come up with!!”
His job is not to use words that are inflammatory, his job is to interpret the US Constitution. The term, “necessary and proper” is what’s in the Constitution, and he’s merely pointing out clearly that this law fails to meet constitutional muster: it “may be necessary, but it’s not proper”. It was precisely the correct way to phrase the observation.
This is why, in my experience, Liberals tend to make poor software developers: they tend to not “get” little things like “and” conditions.