Yeah, well, there is that aspect to it. However, I was inclined to be somewhat lenient in my remarks, finding it somewhat more coherent than a certain Russian Lady Dentist's pleadings.
OK! But pinging this with a grain of salt.
He was not wrong, the poster Lurking Libertarian was wrong. The failure to counter appeal argument was addressed to the fact that Robertson had found that he had jurisdiction, which necessarily means that he accepted that the plaintiff had standing, not to the reasons for his dismissal. The Perkins Coie lawyers did not appeal his finding that jurisdiction and standing existed before he dismissed under Rule 12(b)(6) for what he found to be a failure to state a claim.