Come to think of it, that is a flat out lie as it was SLOVITER himself who made the statement and it's in the second sentence of "OPINION OF THE COURT" right under "SLOVITER, Circuit Judge."
It is pretty pathetic that you have to personalize this to the point where every mistake becomes a deliberate lie. Your obsession with what I think is unbecoming - you make yourself look petty and mean spirited and you do nothing to advance your cause.
OK - so the judge said it. Doesn’t change my point that some judges call it clause 5 and some call it clause 4.