It would be appropriate to start such a discussion once a single court ever has accepted such an argument and it gets appealed and starts a years-long process where it might become precedent for some wider area; it would be absolutely ridiculous to consider every theory put forth by a litigating lawyer as worth of a public discussion - I mean, there are so many of them and usually the judges shoot many of them down without a discussion because it's not worth a discussion even for the people it directly affects, much less general public.