It also doesn't include who is/isn't applying.
Even more importantly, people seem to think it is better to apply in a down season -- I don't neccessarily agree, I believe it all evens out. Though the number of tests administered is down (as people have shown due to the economy), this means that mainly those whom intend on law (not just looking for a job) are taking the test, and also not those whom want to see how they will due.
I also wholeheartedly believe this is why you see the scale becoming so damn hard. The majority of people whom would do well on the test are continuing to take the test as before, but those whom are more of the bottom feeders looking for a different career or to see how they are doing aren't taking the test. Hence less of a pool, and the more competition for the top spots.
Some may not agree, but it is very feasible, which is also why admissions are talking about how it is more competitive that ever in the top schools.
So as for me, I'll encourage every idiot in the world to take the test.