The sad part is that in many cases the same old argument has been upheld.
Which is why they keep using the same old argument -- because it works. Moreover, it creates precedent, which means it will work on other similar cases in the future.
Until the Supreme Court steps in and cuts them off at the knees!
Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own personal safety; are miserable creatures who have no chance of being free, unless made and kept so by the exertions of those better than themselves. Gary L. Griffiths, Chief Instructor, Advanced Force Tactics, Inc. (Paraphrasing John Stuart Mill)