Doesn't matter. A court decides in the end, and the two choices I presented could lead to OPs scenario. If a court decides that, they decide that, period. I'm n

Doesn't matter. A court decides in the end, and the two choices I presented could lead to OPs scenario. If a court decides that, they decide that, period. I'm not 'making an argument' with those points - I'm presenting options a court might choose from when setting precedent.