This morning sees a dissent from the denial of en banc review. Joined by only three judges. But I mention this dissent because
(1) It's got a neat opening line: "This is a train wreck in the making."
(2) The average IQ of the dissenters - Judges Kozinski, Reinhardt, and Willie Fletcher -- is quite high. And
(3) Given (2), it's somewhat surprising that no one else joins in the dissent. Which perhaps can be explained in one of two ways: (A) Sometimes, it takes genius to truly understand a problem; or (B) Sometimes, crazy looks a lot like genius.
