according to Feld, that specific court has a reputation for being a "pro-industry anti-regulatory bunch of judicial activists who don't give a squat about actual case law."

said by dnoyeB :

So essentially you are completely contradicting his point. Saying that the DC court is not activist and that he is upset because he would rather the case be in an activist court. Just one that is activist in support of his beliefs?

said by TKJunkMail :

While I agree with Feld that Comcast caught somewhat of a break by getting the DC Circuit, I disagree with his characterization of the court as activist. It is actually one of the more non-activist courts in the country. It is also one of the most experienced in cases involving regulatory agencies and that is why it was probably awarded this case.

I suspect Feld is upset because it doesn't "Make Law" on the fly and make decisions based on some nebulous theory of social activism to guide its decisions like the San Fran court does.