Monday, February 29, 2016

Taylor v. Beard (9th Cir. - Jan. 21, 2016)

That's a crush.

In 2014, a Ninth Circuit panel issues an opinion that grants habeas relief.  Judge Schroeder writes the majority opinion, which is joined by a district court judge sitting by designation.  Judge Clifton dissents.

Fast forward to 2016.  The en banc court reconsiders the case.  Judge Schroeder, who's senior, is not on the en banc panel.  Neither, obviously, is the district court judge.  Judge Clifton, by contrast, gets selected for the en banc panel.  Alongside ten of his colleagues.

The opinion of the en banc court is now written by . . . Judge Clifton.

Joined by every single other judge on the en banc panel.