For what it is worth I think this is a definite negative because the Opinion was written by one of the Judges we need for a favorable En Banc. Bhatti may be toast after this also. It was a bad panel selection for Plaintiffs and it was a bad selection at the Circuit also on Remand.
Others may have different opinions- it would seem that we need the 5th to take the En Banc on the Appropriations Clause because the Removal Clause remedy seems dead.