Tony Perkins, the president of the conservative Family Research Council who gained attention earlier this year for saying that President Trump gets “a mulligan” for his alleged affair with Stormy Daniels, wrote a column published today at Patriot Post, the headline of which described the three-judge Third Circuit panel who decided the recent transgender-bathroom appeal as “Activist Judges.”

Describing co-counsel for the plaintiffs as “our friends,” and quoting one of them in his column, Perkins writes, “odds are the group will appeal to the full Third Circuit court.”

In another media interview published yesterday in the Mercury News, the same lawyer said, “The Supreme Court has already spoken,” and, “[t]his decision is out of step with longstanding legal protection for privacy.” That story similarly reports that the advocacy groups who brought the suit are considering an appeal.

In his column, Perkins writes that cases like this one show “why President Trump’s judicial confirmations matter”:

Back in November of last year, the Senate sent reinforcements to the Third Circuit in the form of Judge Stephanos Bibas, the first White House pick to fill a vacancy on that bench. Two more are waiting in the wings — Paul Matey and David Porter, both strict constructionists who are waiting for their turn on the fast track of Sen. Chuck Grassley’s (R-IA) committee. Once they make it through the process (which, given the lightning-quick pace of this Senate’s confirmations, could be any day) maybe they can help inject some common sense into Alexis’s case.