Judge McKeown writes an excellent opinion -- especially Part I -- in this one. It's very well-written. It's extremely reasonable. It sounds good.
Not that the contrary opinions are totally absurd. It's a 10-2-1-2 en banc split, which is not something you see every day. The other three opinions are worth reading as well; indeed, they make some darn good points.
But, wholly apart from the merits, I though that Judge McKeown's opinion was the best. And I say that even though, as I began reading it, I initially thought the first paragraph seemed a bit forced. Reading further changed my mind.