This is from my filing to case no. 2:17-cv-02834-JAD-VCF (see nsc 71902 order/opinion ) :
Noting I just found this "expressio unius est exclusio alterius n [New Latin, the explicit mention of one (thing) is the exclusion of another] : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded" I realized that is the theory of my argument.