If someone tries to publish an old channel state the chances are he'll loose all his sats.
If my justice transaction is stuck in the pool because of a sudden peak in spam (and it has), all it takes is a CPFP to get it through.
Lightning has been working like this for years without any major issues...
My guess is you're using extreme cases with very low probabilites to justify the narrative for an unnecessary change to the current consensus (which sadly makes you sound like the "dickbutt" here)