Wednesday, November 04, 2015

U.S. v. Dreyer (9th Cir. - Nov. 4, 2015)

Here's something you rarely -- incredibly rarely -- see in an en banc opinion:  a member of the panel changing her mind.

Judge Berzon says:

"I join fully in the majority opinion. I write separately to explain why I am comfortable with the holding that suppression is not warranted, although the panel opinion I authored held otherwise."

The flexibility to change one's might in light of additional argument and analysis.  It's an awesome attribute of a judge.  Albeit virtually unprecedented.