The decision will hinge on what the meaning of ‘is’ is .... oops, I mean what the meaning of ‘by’ is.
I know what the word ‘by’ means when used in passive construction. It’s a simple word derived from Old English and is used to indicate the “agent” who accomplishes something. So something established ‘by a state’ simply means created/established/built “BY THAT STATE”. What could be clearer? What could be simpler? What could mean ONLY that one thing?
Well, we’ll have to wait to see what the court says and, next year, what the Supreme Court says.
(or what the Supreme Court farts!)