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Not really, I mean any Judge can impart context if either side raises the issue, all the way from the local up to federal. At the Federal level things get into constitutional law, and what exactly constitutes personal freedoms, and anybody subverting the constitution is open to criminal AND civil penalties. That's how it's supposed to work at least.
In reality, these assholes are going to try and use this against people before a judge can shoot it down (they can't preempt it, really). This is another test to try and see where things break, and what they can get away with.
They show up, sweep you away to some hidden prison before anyone can stop them, and before a judge can outright say it's unconstitutional (like it even needs to be fucking said), and by that time they've already done whatever they intended to do.