Publius at Legal Fiction had a post last Friday that was sharply critical of Judge Anna Diggs Taylor’s ruling of Thursday. I don’t think I agree with his take, since legal commentators I respect don’t seem to share these views. But this is not a hysterical reaction coming from the lunatic right, so we present it here in the interests of balance:

But based on my initial reading, this opinion is an atrocity. I hate to say it because I’m sympathetic to the result, but from a legally technical standpoint, this opinion is premature, unsupported, and in violation of elementary civil procedure.

The argument Publius makes is difficult to summarize. But even though it is technical in nature, it’s not hard to follow at all. His bottom line conclusion:

But this sort of opinion plays right into the hands of conservative critics who say liberal judges play politics. I don’t think “liberal judges” do, but this one did.

This is pure naked politics dressed up as law. It is an insult to the legal system. And the Sixth Circuit is going to squash it like a bug.