[lostinpoetics]

while this isn't 100% inaccurate, one major headache are vague rulings from SCOTUS. the "reasonable certainty" test is a good example as well as their "abstract means abstract" pseudo-standards. while SCOTUS paints with a broad brush (rightfully so), many of their decisions are borderline meaningless other than to say to the CAFC "no you're wrong," which results in multiple rounds of these type of decisions (often on the same issues, or variations of them). that being said, the closeness of the CAFC to the bar is quite troubling and the e-mails that Rader sent to attorneys who argued in front of him were pretty embarrassing for all involved.