Your elusion to the opinion of Curtis in this matter, while interesting, holds about as much wait as Jerry Springer today. Jerry Springer served his country as mayor and "resigned to the private sector" to "continue his work", much like your Curtis.
While you may consider the opinion of someone in the private sector binding, I sir, consider such opinions tersheary to the opinions of those both with the power and responsibility to govern.
Curtis = Peanut Galery
Your attempt at an analogy is itself fraudulent. Curtis' expertise and career was as a jurist. It is therefore valid to cite him as a judicial authority on matters of judicial weight - just as much so as it is to cite Rehnquist, or Marshall, or Taney. Now with regard to Springer, I suppose it would be legitimate to cite him as an authority on the government of Cincinnatti, or perhaps on the cooking rituals of lesbian biker vegan goths from trailer parks. But citing him as an authority on the Constitution would be fallacy. Citing Curtis, or Marshall, or Taney, or Story, or Rehnquist on the Constitution however would not be so. Therefore your analogy is false.