9th Circuit judge has become known for dissents that seem personal.
- VanDyke stands out mostly for all the ways he thinks his colleagues on the 9th Circuit have gotten things wrong: "I write separately because that precedent is silly and well illustrates our court's nasty habit of muddying immigration law," he wrote in a debut opinion in one immigration case. Sanchez Rosales v. Barr, 18-70666.
- "Our circuit's immigration jurisprudence is a perpetually embarrassing illustration of how tough it is for judges to keep to our proper role," he wrote in a dissent in another. Nababan v. Garland, 18-72548.
- And, in January, VanDyke concurred to his own majority opinion in a Second Amendment case, which gave him the opportunity to write, "I'm not a prophet, but since this panel just enforced the Second Amendment, and this is the Ninth Circuit, this ruling will almost certainly face an en banc challenge." Then he wrote an "alternate opinion ... more to the liking of the majority of our court." McDougall v. County of Ventura, 20-56220.
And see on Law.com 5th Circuit Is on Fire, Judge Says, as Panel Fractures Over Vaccine Mandate
A judge on the U.S. Court of Appeals for the Fifth Circuit had scorching words for his colleagues, who ruled Thursday that a lower court must reconsider its denial of injunction sought by United Airlines employees to halt the company’s COVID-19 vaccine mandate.
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