When I read that, I knew for certain that Nelson Lund (the author) did not read the DC Court's ruling or any of the amici curiae briefs filed in the last two months....
That line stuck out for me, too.
I thought the argument was very very clear and persuasive. In addition, the judge’s decision writeup was incredible, and if I’m not mistaken, the USSC actually has to soundly dispute and refute that in order to overturn the decision.