2. The Bias Of The Panel Members, Which May Well Be Shared By Other Members of the Court, Is Based In Deep and Fervid Emotions Arising From The 9/11 Attack And Its Aftermath.
10. Beyond the particulars of the decision, and before them—in the sense that it arose reflexively, immediately upon the judges learning what the case was about—plaintiffs consider that the prejudice against them is born of the overwhelming traumatic emotional experience of the attack and its aftermath, shared by so many who were here in New York to live through it together, and adjust to a new life and a new consciousness afterwards. Each one had to do what he or she could to heal from the shock; everyone was beset with fear and rage and lust for vengeance, mutually, collectively, along with all the other feelings people in the city experienced so intensely, and have continued to deal with in the years since. The angry, peremptory tenor of the Panel‘s decision, like that of the district court, leaves little doubt of these emotions‘ pervasive nature. It reads as the same anger and vengefulness that has been the hallmark of these feelings, throughout.
As one wit on JREF described it, "suicide by judge". Another hat tip to LashL, the Goddess of Legaltainment.
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