The tone?
Pesky old facts ruining your fantasies.
Nope, you keep trotting out the facts. We read the case, and know that facts. This girl was forcibly strip searched for Advil by school officials. Those are facts. Your fantasy is that this is all just peachy keen under the law.
The collective of freerpublicans here are fixing to gather up our pictforks, boil up some tar, collect some old feathers and go hunting two reprobate judges who are too dumb to protect our womenfolk from a bunch of dirty old authoritiarians and who are too stupid to understand there are certain things for which we really do have zero tolerance. Possession of Advil does not shock our conscience. Strip searching teenagers to look for said Advil does, however, shock our conscience and we are disgusted that we could have any man sitting on judgment of another human being who is not likewise shocked disgusted and horrified at this grotesque overreach of state power.
Those two judges should be praying that the en banc hearing correct their folly, and then they ought to ask forgiveness of this girl, and spend some time in quiet contemplation of their roles in the order of things.