I actually sat down last night and read the best part of that monstrosity. This opinion is exactly what would happen if the Rules and judges didn’t put strict page limits on amicus briefs. Kessler completely gave up on any appearance of impartiality and basically wrote a brief for the amici. From the way she lost control, I would guess that Judge Kessler recently had someone in her close family die of cancer.

I think if I ever teach again, I will use this 1600 page screed as a stark reminder of how badly things can go for you when the judge is openly advocating for your opponent. The tobacco companies should sue their lawyers for malpractice if the lawyers didn’t at least try to get the case removed from Kessler’s court (didn’t have time to check the docket, it’s 700+ pages long!).

The opinion almost looks like a 1600 page statement by Judge Kessler that she never wants to be an appellate judge.

Seems to fit with what I’ve personally seen of Kessler. Hyper-partisan and intellectually dishonest.