In my recent column about the Ninth Circuit panel ruling on JONES v. BONTA, I addressed the dissent in the case. I have a question about how dissents are usually published in the Ninth. Not being an attorney, much less practicing on the other side on the continent, I’m a little clueless on this.
With SCOTUS decisions, I generally see any dissent written separately, but published with the majority ruling.
But in JONES v. BONTA I noticed that Judge Stein’s dissent was included within the majority decision, not separately.
Is this standard procedure in the Ninth?
If not, I kind of wonder if this is an attempt by the panel majority to force the en banc Court to specifically address the — bizarre, to my way of thinking — dissent, if the Court takes it up on appeal. I confess, I’d like to think that.