On Friday, the Ninth Circuit released three separate dissenting opinions in Washington v. Trump. Judges Jay Bybee, Alex Kozinski, and Carlos Bea authored the dissents. At least four judges—two of the dissents’ authors and Judges Consuelo Callahan and Sandra Ikuta—joined each of the three dissenting opinions.
Judge Bybee repeatedly cited the principle of judicial restraint in the areas of immigration and national security policy.
Judge Kozinski criticized the Court’s reliance on due process when so few foreign nationals affected by the President’s executive order had any due process rights under the law.
Judge Kozinski also criticized the Court’s unwillingness to sever and restrain only those portions of the order it concluded were unconstitutional.
Additionally, Judge Kozinski faulted the Court for misapplying the Establishment Clause.
Judge Bybee also faulted the Court’s misuse of the Establishment Clause.
Finally, Judge Bea faulted the Court for granting the States standing to file the case in the first instance.