There's no reason it shouldn't require expense and physical breaking to gain entry, just because it's digital (and I think that this scheme gains legal protection because of such features).
By actually discussing it, instead of hiding behind lies like "there are no security gradients", we can talk about systems where it would require X amount of compute effort to break an encrypted key held in escrow for Y years at Z expense to reveal the key. (I was actually thinking about using a hash chain to timelock the key, since we have a pretty good idea of how hard it is to sequentially hash.)
I don't think most of us are against the government being able to see individual, targeted encrypted drives -- I think we object to the ability to transparently compromise all systems.