Classic Judge Reinhardt.
The Ninth Circuit denied the government's request to stay the district court's order that restrained the implementation of President Trump's "travel ban," and the United States subsequently dismissed its appeal. You'd normally think that'd be it.
But a judge on the Ninth Circuit nonetheless requested an en banc vote on whether to vacate the Ninth Circuit's (now entirely moot) denial of a stay. The en banc vote failed, and the Ninth Circuit let's us know that fact.
Judge Bybee dissents from the order, and explains why. Judge Reinhardt files an opinion concurring in the denial of en banc review. That concurrence, in its entirety, says:
"I concur in our court’s decision regarding President Trump’s first Executive
Order – the ban on immigrants and visitors from seven Muslim countries. I also
concur in our court’s determination to stand by that decision, despite the effort of a
small number of our members to overturn or vacate it. Finally, I am proud to be a
part of this court and a judicial system that is independent and courageous, and that
vigorously protects the constitutional rights of all, regardless of the source of any
efforts to weaken or diminish them."
"Small number of members to overturn or vacate it" -- letting you know how close the vote was, even though judges aren't permitted to reveal the actual vote totals. "Independent and courageous," and so "regardless of the source" of the efforts to weaken the Constitution.
Not so veiled references.
