“I strongly suggest you read the whole article written by Leo Donofrio to get a better idea about what is happening on this issue.”
Does it not dawn on you that lawyers who face-plant in court every single time might not be your best source of legal analysis?
It occurs to me that lawyers who support a dishonest status quo are more of a problem. I'm sure that during the Jim Crow era, lawyers prosecuting the black codes won in court all the time.