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In oral arguments the supreme court uses hypothetical questions with extreme examples to explore the limits and constitutionality of law.

Why shouldn't we?

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OK, so now write a law that makes a distinction here. What do you end up with? EU law.
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The EU does not write traffic legislation, it leaves that up to the individual states.

Unlike the US, the EU is a collection of fully sovereign countries.

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This was a mental shortcut, to exemplify EU vs US attitude in this case. I am from and live in one of EU countries, I am very well aware of that.
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“fully” is optimistic - being a member of the EU means giving up some sovereignty.
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