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Precedents get overturned from time to time, and the way that generally happens is when a new case comes along challenging that precedent.
Maybe this goes nowhere. Maybe a conviction gets overturned on appeal. But maybe we could see a new precedent set. Might as well try, you’re probably not going to find a better case to do it any time soon.
https://en.wikipedia.org/wiki/Hilbert's_paradox_of_the_Grand_Hotel
https://en.wikipedia.org/wiki/Ship_of_theseus
https://en.wikipedia.org/wiki/Sisyphus