Never once tried to argue that it should be included in the Constitution. I suppose one of those "other laws" will cover when the government deliberately gives people lead poisoning? I wonder why they didn't go with that one...
You said it was absurd for the judge to rule it wasn't in the constitution, and advocated for a "spirit of the law" court. If that court's going to find any differently, don't they need to say it's part of the spirit of the constitution? That counts as including.