Five Ninth Circuit Judges Issue Rare Dissent Rebuking The Panel In Immigration Ruling
1, March 17, 2017 jonathanturley Constitutional Law, Courts, Politics, Uncategorized
espite a surprising lack of media attention, the Ninth Circuit saw a relatively rare filing of a dissent in the appeal of the first executive order. Critics of the order have celebrated the panel decision, though many of us (including opponents of the immigration order) criticized the opinion as poorly written and supported. Nevertheless, critics have said that four judges in that case ruled against the President. (That is not counting Judge Brinkema in Virginia). However, the count is now roughly even for the first appeal of the order. In a surprising move, five judges (including the highly respected Chief Judge Alex Kozinski) filed a dissent to the motion for rehearing. The blistering dissent showed that a significant number of Ninth Circuit judges strongly disagreed with the decision of the panel. (Some judges may have not approved of the panel decision but did not see the need for a rehearing). As previously raised by experts, the strongly worded dissent belies the claim that the original executive order was legally unsustainable. To see this type of vociferous dissent in a withdrawn appeal is remarkable in itself but it also shows the depth of opposition to the panel’s decision among other judges.
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https://jonathanturley.org/2017/03/17/five-ninth-circuit-judges-file-rare-dissent-rebuking-the-panel-in-immigration-ruling/
