Esq.
Mar. 1, 2011
Verbatim
"[The majority opinion] creates an unprecedented exception to our law of the circuit rule, trampling underfoot a newly minted en banc opinion. The majority also makes a mess ... of the case analysis by taking issue with a prior panel's reasoning, not its conclusion. ... Few panels are able to upset quite so many apple carts all at once. Count me out." -Ninth Circuit Chief Judge Alex Kozinski dissenting "in large part" from the en banc decision in Gonzalez v. Arizona, which addressed the legality of an Arizona ballot proposition requiring proof of citizenship to vote (624 F.3d 1162, 1210 (9th Cir. 2010)
"[The majority opinion] creates an unprecedented exception to our law of the circuit rule, trampling underfoot a newly minted en banc opinion. The majority also makes a mess ... of the case analysis by taking issue with a prior panel's reasoning, not its conclusion. ... Few panels are able to upset quite so many apple carts all at once. Count me out."
-Ninth Circuit Chief Judge Alex Kozinski disse...
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