This case is an obvious win for Shelby County based on rational consideration of the record. It isn’t even close to being close as an intellectual matter.

So why the opponents such as Justices Sotomayor and Kagan? They are poor observers of what happens in regulation and litigation. There is a cottage industry doing peer reviewed or just academic studies that are outcome driven. For examle there are studies to support a $6 million benefit for a life saved. Actually, the number is higher now. That is 3 times the total lifetime income of the Average Joe. And when we lose the income, we also lose the cost of living. And that number would be applied even if life was extended only a month.

Justices Sotomeyor wrote a brilliant decision in the Skilling case, but her writing with respect to the vaccine case was dreadful.

As to Justice Kagan – she came from Harvard, enough said.