There should be a shortcut through our legal bureaucracy to punish obvious BS like this. The amount of time wasted to evaluate such stupid claims is surely huge.
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Also, I don't think this response is really the same as an appeal. It's just another legal footnote to keep in mind if/when other parts of the court comes in to block this (as they are so likely to do this year. Can't let the working class have good things).
That's different though. I think judges should be allowed to voice their opinions. It doesn't cost the taxpayers and our society when they do that. When companies do it in bad faith they are wasting our time and money.