[2006alum]

As a matter of the legal issue in this case, portions of the majority opinion are comically disingenuous, even if the ultimate holding under the law isn't necessarily wrong (though it's close):

Thanks for setting the record straight, counselor. Boy, those judges in the original court and on the Court of Appeals sure must be morons. . . .

Morons, no. Slanted views of whether, at the margins, state tort liability or federal anti-discrimination protections should be expanded or contracted, absolutely. And since you asked, panel makeup matters, and this one was made up of two GW Bush appointees and a Trump appointee, with the Trump appointee writing the opinion quoted above. One of the GWB appointees dissented, and it's notable that, in her view (the only woman on the panel), a reasonable jury could have found for the plaintiffs on the IIED claim. I imagine the outcome might - and the content of the opinion certainly - would have looked different with two Clinton appointees and an Obama appointee. 

My view? It's a close one, but it's a lot closer than the writing judge would suggest.

[2006alum]

As a matter of the legal issue in this case, portions of the majority opinion are comically disingenuous, even if the ultimate holding under the law isn't necessarily wrong (though it's close):

Thanks for setting the record straight, counselor. Boy, those judges in the original court and on the Court of Appeals sure must be morons. . . .

Morons, no. Slanted views of whether, at the margins, state tort liability or federal anti-discrimination protections should be expanded or contracted, absolutely. And since you asked, panel makeup matters, and this one was made up of two GW Bush appointees and a Trump appointee, with the Trump appointee writing the opinion quoted above. One of the GWB appointees dissented, and it's notable that, in her view (the only woman on the panel), a reasonable jury could have found for the plaintiffs on the IIED claim. I imagine the outcome might - and the content of the opinion certainly - would have looked different with two Clinton appointees and an Obama appointee. 

My view? It's a close one, but it's a lot closer than the writing judge would suggest.