Here is the money shot of the Dellinger appeals decision, IMO.
Quote:
Never mind the tension between Dellinger's assertions that OSC is critically important to the public interest but simultaneously lacks significant executive power.
Based on my experience with litigation, most opinions hold one or two truths, and pages and pages of analysis that gives them permission to state those one or two truths. That is the nature of the legal industry, but, in the end, it is just one or two arguments that win or lose the day.
Here the appeals court is smacking down Dellinger for talking out of both sides of their mouth depending on which prong they are addressing.
This appeals opinion is pretty efficient.