2 Comments

Wow. Thank you for the excellent writing (not surprising) and generous and thorough explanation.

Expand full comment

The thing about "great deference" is that it has always been a rebuttable presumption. A sane court knows that it knows little about alpha amino acid polymers and will still defer to experts--so maybe the earlier case will stem some of the damage.

Our greater problem is that we have fewer and fewer sane courts. Two words: Judge Kacsmaryk . Another two words: This Court. The case about the EPA's "downwind" plans shows this, as does the opioid bankruptcy settlement case, that required a settlement to be approved by ALL creditors, when apparently all but two Canadians and one other person were completely in favor of it.

Expand full comment