Maybe, if developers didn't riot in the streets. I can't imagine Apple would want to remove it, though. They probably leaned on it a lot for the various optimizations they did during the snow leopard development cycle. A huge chunk of what Instruments.app does is dtrace filters under the hood, too.
To take his point to a higher level: it would be much more destructive (in several senses) to have to rip out HFS+ for legal reasons than it would be to rip out Xcode.
