Why do you think that would happen? Given the complexes of incentives attached to the judiciary and the legislature, respectively, it seems more likely that new statutes rather than case law would attempt to legitimize this practice, which probably already runs afoul of existing case law.
And if it was likely to happen, wouldn't it happen anyway, even if there were new legislation involved?
And if it was likely to happen, wouldn't it happen anyway, even if there were new legislation involved?