Bullshit arguments which if generally applied in a consistent fashion (but they won't be) would undermine the entire system are pretty much standard elite level law these days, and while Scott, not being a Yale Law grad (or a lawyer), is happy to point out the bullshit, many of the very clever lawyers who write about this stuff feel obligated to take it seriously for some reason.
That Alito and friends might take it seriously is not a reason to take the argument seriously, it's a reason to draw on clown shoes and put a big red nose on pictures of Alito.
