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- Embed this noticeI think the problem is two fold.
The first is that state courts tend to enforce state statutes unless they're found unconstitutional by SCOTUS on its face. This means that its a long game. Most people don't have the time or money (I note that to practice before SCOTUS, you have to be admitted to its bar. That requires another member to vouch for you, so 99.9% of lawyers available for hire couldn't take the case from the start to where it needs to go).
The second is that the accused fold, including taking plea deals under pressure of imprisonment that waive their right to review, and sweetheart plea deals are more likely where the charges are bullshit. Look at Richard Golden. He folded.
I hope one of these kids has a lawyer daddy or a big firm uncle, and they fucking crush this DA, personally, via all of the legal and political tools at hand.