You can certainly challenge anybody's reasoning just as well as you can challenge anybody in court over any matter. But it requires more than typing first thing that comes into your mind for such a challenge to stick, jfyi.
But not in this case, the first thing that came to mind was a sufficient rebuttal.
Since you are constantly referencing the legal system you should remember it is the prosecutors role to prove the hypothesis. It is not on the defence to disprove it.
Merely rebutt sufficiently.
You have not made a single compelling argument for not testing coders with the current model.
My point is; you are neither psychologist nor professional human resources executive search.
Your reasoning for not conducting testing interviews is flawed and can be challenged at every juncture precisely because this is not your area of expertise.
It's not mine either but I am not advocating sweeping policy changes across an entire professional landscape.
If you feel there is a better route; then write up, test it, get it peer reviewed and implement it.