Different TUs can be compiled with different settings for the contract behavior. But can they be binary compatible? In general, no. If a function is declared in-line in a header, the comoiler may have generated two different versions with different contract behaviors, which violates ODR.
What happens if the contract check calls a helper function that throws an exception?
The whole things is really, really complex and I don't assume that I understand it properly. But I can see that there are some valid concerns against the feature as standardized and that makes me side with the opposition here: this was not baked enough yet