> Where does "Flock tech might currently be illegal pending adjudication" land? Just because someone is doing it, does not make it legal.

It's legal until your expected Supreme Court decision lands. This is just another way of saying "Flock tech is legal, but if the Supreme Court rules the way I want then it will become illegal."

> For reference, US v. Jones was a 9-0 in the SC, in favor of Jones, though bipartisan split on the reasoning, which might be what carries over to any case that gets tried regarding this tech

"Might be" is doing a lot of heavy lifting here. And again, until the court actually gives that ruling, Flock is legal.

> "Might be" is doing a lot of heavy lifting here. And again, until the court actually gives that ruling, Flock is legal.

There's a difference between de facto legal and de jure legal. If the SC strikes it down, it was never legal, ie void ab initio.

You realize that "de jure" is literally lation for "by law"?

Until some court reinterprets the law, it is legal. E.g. segregated school were until the Brown v. Board of Education landed and made it illegal.