Well IANAL and you’re probably a lot more knowledgeable than I am on the subject. But my line of thinking was along the functional aspect of things: removing a bullet doesn’t make the host of the bullet less functional. Remove someone’s implant however and they may not be able to open their front door or start their car. You could even play the disability card and argue that the person has wrist problems and finds it easier to present their implant against a reader than turn a key in a lock, or even fish a fob out of their pocket. Or they may be older and forgetful, and an implant is something they never lose. Hell, I’m considering proposing it to my 75-year-old mom who constantly loses her house keys…
So yeah, I suppose a judge may decide that ordering the removal of an implant is worth doing despite the loss of functionality. But the fact remains that doing so does impose a functional penality to the implantee, and possibly lowers significantly their quality of life depending on the circumstances. And it seems to me that that may be argued against fairly convincingly by a competent lawyer.
In any case, interesting thread for sure.