How do you think judge Ferguson could legally justify making this distinction?

Judge Ferguson could legally justify making this distinction by citing relevant legal precedents or statutes that outline the criteria for different classifications. He might argue that the specific context or circumstances of the case necessitate a different legal treatment to ensure fairness or uphold constitutional rights. Additionally, he could reference principles of judicial interpretation that allow for flexibility in applying the law to achieve just outcomes. Ultimately, the justification would hinge on a careful balance of legal principles and the facts of the case.