Judge Reinhardt articulates lots of persuasive policy reasons why the cap should not apply on appeal. I think he's right.
But I think that the Congress that passed the statute would disagree. And would be less nuanced than Judge Reinhardt in its distaste for lawsuits brought by prisoners.
I think that's also true of the Supreme Court. Which I could easily see stepping in with an old-style summary per curium disposition that is the final word on this circuit split. Putting -- for some of the justices -- Judge Reinhardt in his place. Again.
That's a descriptive, not normative, judgment. We'll see where this one goes.