His defiance, should it continue, would probably lead to a long and complicated court test with important constitutional implications.
Today's ruling was the first court test of the new tactic, raising questions about the proper balance between security concerns and human rights.
These provisions left loopholes that would successfully be exploited in its first court test.
Indeed, it has just barely survived a court test - for the moment.
He says, "The child-abuse charge would likely survive a court test."
It was the subject of numerous court tests in the 1930's.
Mr. Topkis said this would be the first court test of the concept.
The measure probably would not apply to Chief Gates, although there has been no court test of that issue.
The commission's action was the first court test of the so-called Stevens amendment.
So literacy became the court test of whether a defendant was clergy and had to be set free.