Just let the super delegates decide individually. Each one will make up his or her mind according to what they think is best. That's how it's going to happen.
I think that is what he is saying. But, he is also presenting a "legal" rational for the role of the superdelegates that can be used to justify their actions. Certainly, the Judiciary is freee to do whatever they want, but their conscience guides them to interpret law and correct flaw in legislation, not creat law.
I think this is a pretty profound contibution to the discussion. Excellent diary.