The man that wrote that brief has 3 wins in front of the Supreme Court. I think he knows what the court wants
First of all, his Heller position was nicely done. But Peruta's denial of cert has nothing to do with this case, along with his quote from Justice Thomas. More appropriately, a grant most be afforded to one that has been injured while exercising a fundamentally protected right. As Mr. Justice BRANDEIS states, one has a " right to challenge " such a damage. It's obviously an obligation of the court to grant them, otherwise, it's not much of a " right to challenge ".
We'll also see how well he handles the licensing questions that are most likely to come forth during oral arguments...And I doubt he'll mention a certificate of competence as the least restrictive means over a license...This is serious stuff, with 300 million people being affected by his abilities.