Tuesday, April 03, 2007

Judges v. Judges (9th Cir. - April 3, 2007)

Today's a big day for disagreements on the Ninth Circuit. Every single published opinion had either a dissent or a special concurrence. Judge Rymer dissented from Judge Berzon in this bankruptcy case. Then Judge Hawkins disagrees with Judge Ferguson's opinion in this case -- about whether minute orders are sufficient to prove prior crimes of violence -- and departs from an important part of Judge Ferguson's holding as well as suggests a way around that ruling in some cases. Technically, Judge Hawkins concurs, but it's still a major disagreement. Then, making it three for three for the day, Judge Ferguson dissents from Judge Fisher's opinion in this IDEA case.

Can't we all just get along?