He completely missed the point of the petitioner's brief. Hopefully the Supreme Court does a little better.

The main thrust of the petition is that Congress does not have the right to continue extending copyrights that already exist. In particular they cannot grant Disney's desire for unlimited copyright on Mickey Mouse through repeated grants of copyright extension.

This does not deny the ability of Congress to decide that limited shall mean 300 years. They just can't keep doing it every time Steamboat Willie's term comes up.

(If their argument was as poor on the merits as the one that Tom Greene put forth, then they wouldn't have gotten to the Supreme Court. That said, I have no idea what their odds are of winning.)

Cheers,
Ben