Do you really want this kind of thing to be speculated to be possible? The court should be putting the squash on this kind of thing full stop, not giving any wriggle room at all. The fact that you have to argue that a supreme court justice is speculating on the downstream effects of a monstrous decision should tell you something is very wrong. Step back and think for one second.
It's been speculated on for ages. Humans tend to deal with things as they come up. The entire system is built that way. We don't write legislation that deals with every single possibility, we deal with it in the courts as it happens. It seems to basically work.
