It’s Not A Dissent, It’s Not A Concurrence . . . It’s Disagreeing With Everyone

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.

 

 

16 thoughts on “It’s Not A Dissent, It’s Not A Concurrence . . . It’s Disagreeing With Everyone”

  1. 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.
    ———–
    At least he’s not on the Federal Circuit, or the MSPB.

  2. Mespo,

    I agree that agreements are over rated…… But can you disagree by proxy…..

  3. 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)

  4. Bruce:

    “The ninth circut gets overturned 80% of the time, it’s no wonder.”

    *********************

    I doubt that,

  5. 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.

  6. 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?

  7. What mespo said.

    And that Bybee is still a member of the bar let alone the judiciary is a travesty.

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