Monday, March 16, 2009

U.S. v. Mayer (9th Cir. - March 16, 2009)

This morning sees a dissent from the denial of en banc review. Joined by only three judges. But I mention this dissent because

(1) It's got a neat opening line: "This is a train wreck in the making."

(2) The average IQ of the dissenters - Judges Kozinski, Reinhardt, and Willie Fletcher -- is quite high. And

(3) Given (2), it's somewhat surprising that no one else joins in the dissent. Which perhaps can be explained in one of two ways: (A) Sometimes, it takes genius to truly understand a problem; or (B) Sometimes, crazy looks a lot like genius.