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A strict constructionist lawyer arguing before the court would be a "legal argument". A strict constructionist judge(s) just needs "I think that was wrong."
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Without a legal argument of why it's wrong beyond the dictionary you'll never have it get
to SCOTUS for Certiorari. You're still going to have to come up with other precedents you can cite to present the facts of the case in a new light to get it reconsidered.