I 100% agree. I practice in California (civil not criminal), and California is constantly passing new laws which are literally shit (comparatively federal law, like it or not, tends to be well written). So it's always a novel issue of first impression.

I've done a few statutory interpretation cases against the state in my career, and they're just about impossible to win even if it's obvious. The court will back the state, and if the decision is shit, depublish it.

This is why such cases are best used strategically.

In one instance, the trial court agreed with the state, but before I appealed, I got a full settlement and the legislature subsequently amended the statute to address the issue I raised. A loss on the record, but a win off the record for my client.

In another instance, I used the challenge to distract the state agency from its failure to enter judgment against my client personally (they only entered judgment against a wholly owned llc). They were so busy defending the statute that by the time they discovered the error, it was too late. Dissolve the llc, and start a new business. Judgment uncollectable. Loss on the record, win off the record for my client.