[PETA]

Didn't know it has been handed doen - but it reversed Sotomayor as expected.

Probably bad timing for a nominee to get over ruled by her fellow justices.

The prior case on appeal was simply a sumary order... not an opinion. That's a procedural technique many judges will use to avoid having the case hit the books for precedential value... check that.. apparently one judge requested case be heard en banc and a 8 sentence opinion was issued and hearing en banc denied. Shit storm ensues and Chief judge of that circuit writes a dissent urging SCOTUS review.

Sotomayor looks terrible on this one but it won't much matter - the Dems have the votes to get her on the bench... which she should join with the good sense to be a little embarassed.