If you based it on that, it would be on the assumption that every transaction has to be confirmed while the network is in this state. That would mean that as demand continues to exceed supply, the amount of time you have to wait for your transaction to be confirmed gets longer and longer.
The point of fees is to prioritise your transaction so that it gets in earlier. Of course recently this has changed in that you have to pay a fee, but it's still similar in that to get your transaction confirmed earlier it's justified for you to pay a higher fee.
Plus, this isn't something that can be implemented anyway because miners are working on a profit incentive. All talk about this would just be about morals speculation of what could theoretically happen, even when it's extremely unlikely.