It was folly, but then again, a lot of it is folly. Lawyers or law professors have a tendency of trying to thread reason through Supreme case law and try to have it make sense (4th Amendment jurisprudence is but one example), but it is much easier when you recognize decisions for what they are: political statements driven by the makeup of the Court and the context of the case. Too many decisions are simply reverse-engineered to try and keep some semblance of precedent, but they rarely even try now.
Scalia spent decades bitching about non-enumerated rights and the Due Process clause... until he needed something other than originalism to anchor his holding in Heller. Kavanaugh explicitly ignored settled Indian Law for five centuries and latched on to a single-line of cases that arose out of western state jurisdiction battles. No one in the field ascribed to the McBratney line of cases the authority that Kavanaugh has. Gorsuch, who actually seems to give a shit about Indian issues, at least called him out on that. Then he goes onto the same sort of slanted reasoning / record twisting to get to the decision he wants in the Kennedy case, overturning decades of Establishment Clause jurisprudence in the process.
TLDR: the Court is a mess. It's just a political stamp from the majority at the time.