Normally I would agree. But they stayed on that track all the way to the last comments. With Ginsberg and Sotamayor doing an awful job of trying to justify it to other agencies. I'd expect that from Ginsberg, that mind is shot, but Sotomayor was a surprise.
What was key was when Stewart, the Governments Lawyer, said " I think its legal" He did not say it was legal. That is enough rope to hang the PTAB. Then to fall back on the example of comparing "stacking the panel" to the Appellate En Banc Court. As if to say the Chief Judge picks out certain Judges that will rule a certain way to create a different verdict than the lower court. A terrible example that in no way emulates the due process abuse at the hands of what the Government claims is the PTAB "Chief Judge". They confirmed it, a Court Trial, and that is the "swinging door" of the gallows.
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