Any reconciliation cannot be achieved upon the basis that some judges preferred more limited and some more extensive review.
In the end, the judges preferred, on average, significantly feminized female faces for both sexes.
Some arguments are never new, like certain forms of extrapolation from 1AR arguments and impact calculus (although many judges prefer it earlier in the round).
It was just a matter of what style the judges preferred.
"It depends what the judges prefer."
As there is always the danger that a particular interpretation may be the equivalent of making law, some judges prefer to adhere to the law's literal wording.
Presumably, the judge would prefer that she not select the patch of sidewalk right on his doorstep but he did not address that issue.
When a prison system's reputation sinks, judges prefer to let some convicts go free rather than sentence them to assault and rape.
Sometimes, it seems, lawyers and judges prefer it that way.
Many judges prefer local control of the courts and personnel.