I have no legal background, so I could be wrong, but I would think that in both DE and WY the established precedent is overturnable, given the strength of your argument. If that's so, then it seems like the preference for WY is that you don't need as solid an argument.

But rarely do businesses know which precedents they'll want to challenge at incorporation time, so it's advantageous to go with the state that is the most predictable and whose court system is relatively efficient.