[MamaTexan]

BTW, I would go through the same incomprehensible formula were I in their shoes.

May I ask why you think it incomprehensible?

Or did I misunderstand?

[Clump]

Incomprehensible in the sense that one cannot know based on the test how one would come out in a given situation. There is so much wiggle room that it is hardly worth the discussion. Even Justice Thomas paid lip service to stare decisis in his hearings. But he clearly does not hesitate to correct bad precedent.