Walgreens has been for months. If they don't enforce the service code, they don't get the liability protection.

The failure is to reach a point that reduces fraud. 50% won't meaningfully reduce fraud (if the US even reaches that), especially with merchants not thinking twice about running fallback transactions and banks authorising them. To reduce fraud, you have to reach a place where it's difficult to use a counterfeit card. The US isn't there yet, and I personally doubt it will be for years.

All the US liability shift is going to do for the foreseeable future is shift fraud from big chains to small businesses.