My mother used to always ask how someone can argue that. A simple answer is that people can argue anything. The question is whether a judge will buy it and then whether an appeal court will uphold a judge for having accepted that argument. I think that's where there will be litigation in the beginning. Then we'll get decisions from trial judges and from appellate courts, which will limit how that is applied.
I can only tell you that in 2004 when mandatory minimums were brought in, they saved us having to fight a lot about the appropriateness of conditional sentences for image-based or child sexual abuse offenders. Now here we are in 2026 and we're fighting the exact same issues we were fighting in 2004.