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It was intended as more of a proof by contradiction. If we assume that the judge is correct in assessing this as a state created danger, then this standard would also apply to a wide variety of dangers that the government is also involved with, which have never been classified as such.


The notion that this reasoning would apply to an absurd (for your reductio ad absurdum) variety of cases is just a slight reframing of the point of contention.

By way of example, assume, for the sake of contradiction, that your argument is valid. Then, by similar reasoning, I could argue that any argument I disagree with can be taken to unreasonable extremes, and is therefore invalid, etc. etc. :P




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