it is not up to the criminals to decide what is or is not legal, is up to the judges, if they do not agreed, the law is clear, you can fight in court, but you must comply
>A ruling of a court - even the highest court of the land - does not make something law.
Isn't that precisely how common law legal systems work? There is a law but its definition isn't strictly that of what the books say but rather the judicial precedents made in relation to it?