It's the Gish gallop applied to a legal/legislative system - it just can't keep up with the sheer volume of cases that would need to be brought to curtail even the worst of it and that's assuming that if/when it eventually gets in front of the supreme court that that "august" body actually does curtail it.
Yes - because the system is trying to prevent the flood by piling up sticks instead of removing the source of water.
It's in failure mode (intentionally, is my read) because while it might eventually declare "x is not legal" at no point is it discouraging the people who did X (and have now also done y, z, 1, 2, and 3 - all also likely illegal) because there is zero actual accountability at the personal level.
If your house is flooding from a broken pipe... you don't bail. You turn the water off.
