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They're fascists, they're only going to enforce it when they want to hurt someone they don't like or when it benefits them. They don't give a shit about precedence or conviction or morality or anything other than what serves them in the moment. They have captured the courts, and both houses, and the presidency. Consistency or hypocrisy don't matter to them. They'll use whatever justification works in the moment and turn on a dime if it serves them.