There is plenty of evidence to more than suggest that it is risky for folks with serious Depression to fly
I'm not sure that there is actually. Just that it is not a good idea, for the reasons that you mention.
I'd be happy to fly with either of the groups that you mention, and I regularly do. I just think that proper data gathering on CVD pilots from the start was a missed opportunity. I also think that money spent on lawyers would be better spent on science. There are a couple of universities in this country with extensive experience in testing visual perception, and I'm sure that they could design representative study tasks (using real cockpit instrumentation, lighting, etc rather than simulation) to give the data to put this matter to bed once and for all.