I don't think it should be "the way to go" because legal battles (especially before the Supreme Court) take forever to sort out, and in the meantime nobody can

I don't think it should be "the way to go" because legal battles (especially before the Supreme Court) take forever to sort out, and in the meantime nobody can plan because nobody knows what's actually legal. I don't think politicians should try to test the limits of the constitution all the time - maybe there are exceptional circumstances in which this should happen, but it's happening too often. For example, no matter what you think of rent control in general, there's no doubt that the Berlin rent control law that was ruled unconstitutional caused massive damage because as soon as that ruling came, people had to pay their landlords back rent for several months. And I agree with you re. the highway toll. Which shows that this problem really isn't limited to one end of the political spectrum, it happens from left to right.