I haven't seen the text that shows Gibbs arguement....but I do know he brought up Terri being Catholic and her religous rights.
But I don't think any of it matters. No matter what he brought up would have been rejected. He was told to go write a brief on why the new law is constitutional.
Whittemore rejected that argument on the basis that the entity that denied Terri last rites was Michael, not the government.