Bouf, totally agree. My point is a rule 36 judgement would IMO be like a shot on goal without a goalie. Of course I have seen misses in those circumstances and know the odds are less than the odds were that Du would attempt to make new case law.
Bouf - not arguing with you but why is it harder for them to reverse than affirm? They are reviewing a decision that is more f’d up than a football bat. In this case affirming would seem more difficult than reversing