I think Pincus may be addressing two different things here. The law and your rights. Practically speaking the law defines your rights at this point in time. You may claim a right but if a court says you don't have that right then for all practical purposes you can't use it.
It's that way with just about everything we do. If I say I can walk across my neighbor's property using a prescriptive right (been doing it for 20 years), and a judge says I don't have that right, I won't be doing that anymore. The judge may have made the wrong decision and I may actually have that right but the effect is I can't use it.
If you can't use your RKBA in effect you have lost it. Doesn't mean you may never have it in the future but you certainly don't have it now.
I look at it as something that belongs to me but I've lost it, therefor I can no longer use it.