It might be a rare case, but we ought to remember, rather than that one witness that they found--and I guess they will find another one--but the Republican district attorneys who testified on the House side, the deputy attorney general in charge of the Criminal Division, William Weld, they said they would never bring the case.
Cases where they are likely to suffer discouraging precedents include one considering whether jurors can second-guess federal seatbelt regulations, and another on whether North Carolina residents can sue a European tire manufacturer in their home state over a blowout that occurred in France.