As we saw in the case of Travis Vader, the consequences of inaction are real. This is not some abstract academic issue. The McCann family waited six years for justice. Just as they thought that justice had finally arrived when Travis Vader was convicted of two counts of second-degree murder, literally that afternoon, they found out that there may be a problem with that verdict.
A few years earlier, it's my understanding that there was a case in British Columbia involving murder, in which the trial judge left a copy of a zombie section of the Criminal Code with the jury in the trial, and it was appealed to the British Columbia Court of Appeal. The murder conviction was not overturned. It was upheld only on the basis of the trial judge's impeccable instructions to the jury.
What regard to what happened in the case of Justice Denny Thomas misapplying section 230, it was not the first time that this has happened.