It does one thing. The fact that it was cited indicates that it was regarded as a viable argument by the Attorney, which implies that it was likely widespread. It is further bolstered by the quote in that Yale law book I mentioned above.
You seem desperate to make something out of this, but you're grasping at straws. Just because an individual makes as argument in court (in a dismissed case, no less) doesn't mean that it's a widespread belief. Would you apply the same logic to any argument made by a lawyer?