Poohbah makes a good case that the lawyers that the parasites provided deliberately threw the case. Pooh?
I know you have retired, but that theory sounds tin foil to me. I did read a theory that the lawyer deliberately was loathe to use the substantive due process argument, because that is beyond the pale for the religious right, and Scalia types and lots of other types. That contention strikes me as lacking elegance. The more elegant explanation, is that with the press of time, the lawyer just F'ed up, and hadn't planned ahead adequately. The use of the word "parasites" is unnecessary in my view also.