I read the article, and could not determine if this was a 2-1 decision by a rogue panel of appellate judges, or a decision by the entire court en banc. If the former, the entire court may yet strike down this decision. If the latter, I am concerned about that circuit.
“I read the article, and could not determine if this was a 2-1 decision by a rogue panel of appellate judges, or a decision by the entire court en banc.”
I believe it was a 3 judge panel. The entire decision is here: