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.