Procedural Question For Ninth Circuit Attorneys

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.

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2A advocate, writer, firearms policy & law analyst, general observer of pre-apocalyptic American life.

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