State of Washington v. Donald J. Trump

KOZINSKI, Circuit Judge, with whom Circuit Judges BYBEE, CALLAHAN, BEA and IKUTA join,

dissenting from the denial of reconsideration en banc.

I write separately to highlight two peculiar features of the panel’s opinion. First, the panel’s reasoning rests solely on Due Process. But the vast majority of foreigners covered by the executive order have no Due Process rights. Nevertheless, the district court enjoined the order’s travel provisions in their entirety, even as applied to the millions of aliens who have no constitu*1172tional rights whatsoever because they have never set foot oh American soil.…