Just to add some points to this, Minersville School District v. Gobitis was overturned in favor of the dissenting opinion in West Virginia State Board of Education v. Barnette. Certainly the dissents in Plessy, Dred Scott, and Olmstead to name a few where the dissenting opinion later became the majority. Was it not an attorney that argued those points? They may have risked legal error, but that didn't negate that the argument was correct in the dissent.