Can we draw the following hypothesis from the context (see options)? 

Context:

We would not advance this argument, but the Government has offered an argument in a parallel case that suggests a distinction between the '76 act and this case. That's not been briefed here. It's been grounded in their claim that the treaty power creates some special power.

Hypothesis: The '76 act is from 1876.
Available choices:
(1). Yes.
(2). It's impossible to say.
(3). No.
(2).