I'm not sure why you're trying to defend an article that's has already been identified as out of date, and the bill has been revised since that analysis was performed. Furthermore, the bill was vetted through the supreme court. I don't care if the guy teaches law, the interpretation of the supreme court overrides anything he has to say as far as it being a constitutional or not.
But what really concerns me is that you're attempting to defend someone's else's interpretation of a draft version of the bill, and passing that as your own judgement towards the current bill.
I'm not sure how you do it. I wouldn't be so accepting of such second hand disclosures, unless you're seeing it across many sources, in which case, I'd recommend disregarding the current source and pulling up another that highlights the same concerns, and may be a little more timely and specific to the current Law.