Monday, November 5, 2012

Judge Kozinski, Disagreeing with Everyone

As lawyers know, judicial opinions written by panels of judges often are not unanimous.  A judge who disagrees with the majority opinion generally writes a dissent.  Judge Kozinski of the Ninth Circuit Court of Appeals, however, has taken it to another level.  In the Ninth Circuit’s opinion in Garfias-Rodriguez v. Holder, ---F.3d ---, No. 09-72603,  2012 WL 5077137 (9th Cir. October 19, 2012), an immigration case, Judge Kozinski wrote a dissenting opinion “disagreeing with everyone.”  Who needs a plain ’ole dissenting opinion?  Not Judge Kozinski. 

As someone who frequently disagrees with everyone, I find the description of this dissent especially funny.

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