It also has the annoying law professor's law-as-abstraction thing going on: supposing judges will still let you out, how long do you sit in jail waiting for your hearing, how much is your life wrecked?
It's better to tell Presidents that they can't do bad things before they try, not after.
The "Oh, it'll be okay, you can go to court and the judge will fix everything" attitude is out-of-touch and callous to the harms people endure even under the best circumstances. Kinda pisses me off. Would like to know how long the professor would be willing to sit in jail to have his day in court.
When I was young, a cop stopped me and demanded ID. Wondering whether I was being detained and for what crime, and not having the right words at that age, I asked "why?" The cop threatened to arrest me if I didn't produce my ID _right now_. That was when I realized two things ...