Thursday, March 16, 2017

Five Ninth Circuit Judges SayThree Panel Ruling In First Trump Executive Order Was Flat Wrong

U.S. Court of Appeals Ninth Circuit ^ | March 15, 2017 

Washington v. Trump, No. 17-35105 (Motions Panel–February 9, 2017) U.S. COURT OF APPEALS BYBEE, Circuit Judge, with whom KOZINSKI, CALLAHAN, BEA, and IKUTA, Circuit Judges, join, dissenting from the denial of reconsideration en banc. I regret that we did not decide to reconsider this case en banc for the purpose of vacating the panel’s opinion. We have an obligation to correct our own errors, particularly when those errors so confound Supreme Court and Ninth Circuit precedent that neither we nor our district courts will know what law to apply in the future.
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