Subject: Re: "blatantly" unconstitutional
The "bar member" comment was a way of signaling to the lawyer that this argument was real close to the line where the duty of candor to the tribunal would prohibit standing in open court and saying the rule is constitutional.

Is this a place where word choice becomes very critical?

Don't say, "This order is constitutional."
Instead say, "Our argument is that this order is constitutional." Or maybe, "My client believes the order is constitutional."

Give the subtle hint back to the judge that you are arguing your client's position as your professional duty requires you do to.

--Peter