said by TKJunkMail
: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."
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.
Of course not. As we all know only LIBERAL judges can be activitists. When neo-con judeges do it it's call applying the law.