What was this hearing? En banc? Or was his a dissenting opinion?
Well l am confused this ruling looks like it came after the Obama hack in Hawaii but l don’t see any mention of it.
This was a dissent to the Court’s denial of an en banc hearing. The actual dissent filed today by Justice Bybee can be found here: http://www.ca9.uscourts.gov/search_results.php?q=17-3510ebo