This is exactly my response to "you can't legally scrape my site because of TOS." I don't think anyone has a legal right to tell me HOW I use their service. Making "browsing my website using a script you wrote yourself" illegal is akin to "You cannot use the tab key to tab between fields on my website, you must only use the touchpad to move the cursor over each field individually."
Under the CFAA, they do have the right to determine what constitutes authorized access. If they say you're unauthorized for using the wrong buttons on your mouse, then you're unauthorized. It's treated very similarly to trespass on private land.
You can try telling the judge it's baloney, but if he's going by current precedent, he probably won't agree with you.
It is not the same flavor of violation as trespassing on land, more like riding a bicycle on a sidewalk. Fortunately, I'm not in the business of scraping sites, but I still find this legal precedent abhorable, and I hope it gets struck down in court when push comes to shove. I would certainly vote that way if given the chance.
It's baloney.