It's a particular type of Lawyer Brain, the Wine Party Lawyer Brain. If your job and/or identity is being Mr. Smarty Pants who comes up with abstractions to explain away current events as fitting some principled form only you can see, then you'll just keep making up those forms no matter what.
And that FedSoc spent money endowing chairs at multiple law schools to make sure their “conservative” point of view would be poisoning the minds of law students.
You have to engage in this kind of sophistry when you’re litigating an actual case, and this is the precedent and you have no choice. Everyone else’s job is to scream “NO” from the mountaintops.
Chesebro seems like a terrible hang who didn't go to many wine parties, but he comes off that same way: his life is a game of constructing possible worlds. If he pulled off a mostly bloodless coup by inventing a world where the guy who lost the election actually won, he'd be The Most Clever Boy ever