i agree with you for the most part.
do you think it would be good if we identified issues like the one in this post, and have "mock trials" to identify in advance what the societal position should be? to identify them we could have some kind of crowd commenting and voting system. we would have to pay for all this somehow, maybe with some tax payer funded process. maybe lower costs by using university students that are enrolled in top "phd in law" programs.
either way, i think it is hard to justify paying for things in advance with tax payer money because nobody wants to risk failure and the damage to their careers.