I am sure the court will say the assignment of the 3-judge panel was a random event. We will never know the truth of that for sure, but I have no reason to believe it was not random.
What odds of success do you give MNTA at the Supreme Court level, assuming this is the next stop in the litigation? I'll offer up the following buckets: (1) less than 20%; (2) 20-40%; (3) 41-60%; (4) 61-80%; (5) >80%.