Saw that quote...that’s why I used “substantive difference” and feel that it’s important to not give that idea traction.
I also think this is a rotten case to go to the Supreme Court...and believe that the legislative route is necessary.
Thats probably why HSLDA is pushing to have this case de-published so that it will have no precedential effect. Because as you have pointed out the facts are bad in this case and it really could have been resolved by a much narrower ruling which would not have been a cause for concern.