Justice Antonin Scalia, perhaps the leading exponent of this criticism, emphasizes the purely procedural quality of the argument by declaring abortion, for example, to be a matter entirely outside the purview of constitutional law and, therefore, beyond the jurisdiction of courts. (firstthings.com)
Ok, I don't recommend a listen for the comedic quality of the arguments. (volokh.com)
Many centuries ago, Aristotle analyzed success in political persuasion along three dimensions: logos (the quality of argument), pathos (the power of emotional appeal), and ethos (admiration or respect for the character of the speaker). (firstthings.com)