Analysis of 9th Cir. dissents

Bloomberg Law has an article titled Ninth Circuit Conservatives Use Muscle to Signal Supreme Court about how the "flood of new conservative judges" on the 9th Circuit are issuing dissenting opinions (and dissentals) that are essentially cert petitions for the Supreme Court to reverse the majority opinions. "The instances of dissents increased by more than 50% between 2018 and 2020, the first calendar year that all of Trump’s appointees sat on the circuit, according to a Bloomberg Law analysis."

• In 2018, the Ninth Circuit saw six dissents in denial of an en banc rehearing that attracted 28 total sign-ons. In 2020, that number grew to 21 dissents, which attracted 123 sign-ons.
• Five of the 12 Ninth Circuit cases the high court heard oral argument in last term had at least one Republican-appointee issuing a dissent in denial of a rehearing en banc at the circuit level. Of the 11 Ninth Circuit cases the justices granted for consideration this term, four had at least one dissent in denial from a Trump appointee.
• During his presidency, Trump was able to appoint 10 judges to the Ninth Circuit, four who replaced Democratic appointees. That brought the court to a 16-13 split with Democratic appointees narrowly edging out their counterparts appointed by Republicans.
• Visiting judges accounted for 70 of the 1,037 total dissents authored or joined in the Ninth Circuit from 2018 through the first half of 2021.
• when a Republican-appointee writes a dissent in denial en banc from a Democratic-appointee authored panel decision, there was a 42% chance that the Supreme Court will take it up for review.

Also of note, the 7th Circuit reprimands a lawyer who failed to show for oral argument here. Law360's story is NY Atty Who Missed 7th Circ. Hearing Repreimanded.

And today's DJ has a book review titled An essential guide to appellate practice in California:
"Myron Moskovitz knows a thing or two about appellate persuasion, and you can two with his new book, “Strategies on Appeal.”"