My only question would be is judge Michael Posner “A fruit from a poisonous tree”, or a “poisonous tree” itself?
By his actions, he has so horribly poisoned this case that there is no way it should be able to withstand review. That this First Circuit panel refused to discard it utterly, with prejudice, itself deserves rebuke.
To keep any credibility at all, the First Circuit en banc is going to have to bury this case in quicklime, under a five foot layer of concrete.