It's an example of Antonin Scalia's advice to "yield indefensible terrain---ostentatiously":

    Rarely will all the points, both of fact and law, be in your favor. Openly
    acknowledge the ones that are against you. In fact, if you're the appellant,
    run forth to meet the obvious ones. [1]

[1] Dan Slater. "Scalia and Garner: 'Yield Indefensible Terrain---Ostentatiously'" in The Wall Street Journal Law Blog, April 29, 2008.