No I'm saying the notion of illegality does not apply, and in fact leads to absurd consequences. For instance, if you make it illegal for the accused to lack r

No I'm saying the notion of illegality does not apply, and in fact leads to absurd consequences. For instance, if you make it illegal for the accused to lack representation in court, you can then sue them for not having representation, a suit from which they cannot defend themselves, lacking representation, which then opens them up to another suit, ad infinitum! I think there's some conflation of "regulating" and "making illegal" going on here. Mandating that the state must provide everyone with a public defender is not equivalent to "making lacking representation illegal".