Libertarians have substantial, though I think not majority, representation on HN. Certain themes always seem to repeat that seem related to this. For instance, likening any form of prohibition to the failed prohibition of alcohol to suggest that all forms of prohibition are similarly doomed. This argument relies on the reader neglecting to consider the myriad of prohibitions that are going well, like CFC bans or the prohibition on building unsafe firetrap buildings. They point out one failure and ask us to extrapolate from
only that datapoint, ignoring the rest.
As in this case, pointing out a hypothetical way a law could fail, to insinuate that all laws would fail.