Yes, you raise a good point on the nodes and the risk of the trade being settled.  However, the risk of a pre-mature settlement could be argued as a further risk for market makers to drive up the value of the lightning/on-chain spread.

Regarding the fees breaking the store of value case, this is a valid criticism of our thesis.  If the investor believes this is a possibility than Monero would be a safer bet or physical gold.  Or keeping on the Short BTC via futures as per the article.  History has shown this to be true such as 2017, but innovations with lightning may change the result.

As far as which way the Supreme Court goes, it could go either way yes I agree the case against Trump is weak and not really withstanding of the law… but if you think Trump will be on the ballot and win, then you’re betting AGAINST the Deep State.  Which has a bad track record for domestic elections.