Chief Judge Alex Kozinski has apparently come up with a new form of opinion: “disagreement with everyone.”
For those of us who know Kozinski (and like him), it is no surprise that he found the confines of the tripartite world of majority opinions, concurrences, and dissents as too restrictive for his tastes.
In the immigration case of Garfias-Rodriguez v. Holder (No. 09-72603), the en banc Ninth Circuit split into a maddening series of opinions to which Kozinski added his one idiosyncratic touch. Here is the lineup:
BYBEE, Circuit Judge:
Chief Judge KOZINSKI, disagreeing with everyone:
GOULD, Circuit Judge, concurring:
REINHARDT, Circuit Judge, with whom PAEZ, Circuit Judge, joins, and with whom GRABER, Circuit: Judge, joins as to Part II, dissenting
PAEZ, Circuit Judge, joined by REINHARDT, Circuit Judge, dissenting
Bybee’s view secured the majority of votes. By the way, Bybee is the same judge who was put on the bench after penning the infamous “torture memos” that justified the Bush torture program. The memos were later ridiculed as legally flawed and challenged as facilitating a war crime. Nevertheless, Bush and the U.S. Senate gave him life tenure on the Ninth Circuit.
As for Kozinski, a “disagreement with everyone” is particularly fitting for arguably the leading libertarian on the federal judiciary.
Agreement is overrated.
What mespo said.
And that Bybee is still a member of the bar let alone the judiciary is a travesty.
Bybee is the spirit of the new government of narcissistic self indulgence matched by less and less care for the citizenry of the nation.
On Remulak the word Bybee means snitch.
I often assume that stance in family arguments.
Dredd, sadly…
Dredd – its not really new, we have had sociopaths with us always. Its just been in the last 30 years or so that it has been presented as a good thing, an admired trait and a value to hold for elected office.
Why is there never a good meteor when you need one?
And Bush create Bybee in his own image.
Re Bybee : And so goes the state of the judiciary.
Judges appointed via political connections, not legal skills, experience or objectivity.
The judiciary is, and has been, in a sadly compromised position.
Bybee should be in jail. I can understand why Judge Kozinski might disagree with everyone in that crowd.
The ninth circut gets overturned 80% of the time, it’s no wonder
Bruce:
“The ninth circut gets overturned 80% of the time, it’s no wonder.”
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I doubt that,
Perfect example why people are questioning the lifetime appointments. You can say and do virtually anything it is okay (Heck, look at Scalia and Thomas)
Mespo,
I agree that agreements are over rated…… But can you disagree by proxy…..
Bybee’s view secured the majority of votes. By the way, Bybee is the same judge who was put on the bench after penning the infamous “torture memos” that justified the Bush torture program. The memos were later ridiculed as legally flawed and challenged as facilitating a war crime. Nevertheless, Bush and the U.S. Senate gave him life tenure on the Ninth Circuit.
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At least he’s not on the Federal Circuit, or the MSPB.
Reblogged this on Mary Cosmo.