The important thing is that case was literally on the cusp of the law being amended. It was in relation to a spouse, and as you know, spouses are not subject any longer to the excessive demand provision, so in that case it clearly had an influence on the judge. By the time the decision came out, the law had changed.
You are in the position I think to understand that it is not at all clear that this law is constitutionally sound. I'd certainly say that in a case that came before it that had the proper preparation, I think it would be found to be unconstitutional.