I think the fragility is more with the people in charge, who have long abided by norms and reasonable interpretations. The current Trump admin uses every lever and argument to abuse the laws, flat out making things up so they can create a court case so they can do the thing until it is over turned.
That's another attack vector to them: the latency of the courts is such that you can essentially stall and get away with something for years. Companies do the same thing.
