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'Lone Wolfing': Judge Kozinski Disagrees With Everyone

I was interested to see recently on the WSJ Law Blog that Judge Alex Kozinski of the Ninth Circuit, who most recently appeared on LBW when it was revealed that he "does not read block quotes" in appellate briefs, had again thought outside the box in the case of Gorfias-Rodrigues v. Holder

Usually, the menu of options for an appellate judge participating in an opinion is limited: You either write the opinion, concur with it, dissent from it, or concur in part and dissent in part. But not so for Kozinski, who ordered off the menu when he broke out the following as a preface to his opinion in the case: "Chief Judge KOZINSKI, disagreeing with everyone." Nice! 

What does this even mean? How is "disagreeing with everyone" different from writing your own dissent? I really don't know, but then again neither do appellate experts such as Howard Bashman, who writes, "Just when you thought that every possible type of appellate opinion had already been created, Ninth Circuit Chief Judge Alex Kozinski goes and invents one more.”

So what should an opinion "disagreeing with everyone" be called? A "DWE"? I think the best name for it would be "Lone Wolfing," i.e., "Chief Judge KOZINSKI, Lone Wolfing."

Posted by Bruce Carton on October 23, 2012 at 04:11 PM | Permalink | Comments (2)


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