The dissenters are a surprisingly detailed and effective debunking of the temporary injunctions
Despite a surprising lack of media attention, the Ninth Circuit saw a relatively rare filing of a dissent in the appeal of the first executive order. Critics of the order have celebrated the panel decision, though many of us (including opponents of the immigration order) criticized the opinion as poorly written and supported. Nevertheless, critics have said that four judges in that case ruled against the President. (That is not counting Judge Brinkema in Virginia). However, the count is now roughly even for the first appeal of the order. In a surprising move, five judges (including the highly respected Chief Judge Alex Kozinski) filed a dissent to the motion for rehearing. The blistering dissent showed that a significant number of Ninth Circuit judges strongly disagreed with the decision of the panel. (Some judges may have not approved of the panel decision but did not see the need for a rehearing)…
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