Some say that over the past 50+ years we've been treated to fair number of arbitrary and capricious government actions.
Of course, none of the people that say that are actually credible legal scholars -- or else the various positions actions you cite would have been overturned by the various courts that have instead ruled in their favor.
Whether I agree with them or not is irrelevant. The SCOTUS, who actually gets to make the decision, agrees with them.