Without doubt, that is true. And I am not suggesting that good relations among judges and respect for judicial acumen with respect to those who think differently is not a bad thing, but, a civility ethic isn’t an unqualified good. At the end of the day, Judge Pillard, on that court, penned an embarrassingly bad decision that was unanimously reversed by SCOTUS. Should civility norms prevent judges from openly questioning her judgment and talent?

In another case, an 8th Circuit judge compared Missouri’s LI protocol to a high school science experiment, and Justice Ginsburg praised the dissent. Should the federal bench stand mute in the name of civility and collegiality?

Obviously, we don’t want figurative food fights on the federal bench, but I think we should acknowledge the fact that the clubby nature of the judiciary undercuts accountability and may not be appreciated by people who get the short end of the stick from bad judging.