It is trying, it's trying to find some way out of the "unreviewability" conclusion. If I were arguing, I'd make point that, if not reviewable, then why did legislature even include the 3 reasons? would make no sense, which forces conclusion it is reviewable. But lawyer didn't prepare for this.

I believe at least 2 of the 3 assigned are Trump appointees

Figures. They probably were underqualified for the job too. 😤