I reacted the same way to this hypothetical. It seems strange to pose a hypothetical that is missing one of the key elements of the original structure. Couldn't

I reacted the same way to this hypothetical. It seems strange to pose a hypothetical that is missing one of the key elements of the original structure. Couldn't the Justice and her clerks come up with something more on-point? (Relatedly, should I have written "or her clerks"?)