You say
"the Court’s defenders make arguments that sound outwardly reasonable, but that depend entirely on cherry-picking their examples and ignoring the counterexamples"
but that comes after you also said
"the memos actually bespeak a decision that was deeply principled"
which is more of what I've heard.
Those aren't counterexamples but statements of principle. They can't be cherrypicked because they're not based on example.
I think you have this wrong.