Judge VanDyke is unhappy with some dicta contained in a particular panel's habeas opinion, so he writes this dissent from the refusal to hear the case en banc.
Okay, fine. He's got a point to make, and he makes it. For twenty-plus single-spaced pages.
Maybe he's right, maybe he's wrong. But when not even a single judge on the Ninth Circuit is willing to join your dissent, a brief pause might be in order. Maybe you're the one taking this too hard, no?
At least worth thinking about.
