Scott Clabourne v. Charles Ryan

I dissent from the denial of rehearing in this case.

We held the rehearing petition in this case for McKinney v. Ryan, 813 F.3d 798 (9th Cir. 2015) (en banc), cert. denied, — U.S. -, 137 S.Ct. 39, 196 L.Ed.2d 197 (2016), an en banc opinion of this court issued after our panel opinion, and then ordered supplemental briefing about the impact of McKinney. See Order to File Supplemental Briefs, Clabourne v. Ryan, 745 F.3d 362, 371 (9th Cir. 2014) (No. 09-99022). Ignoring both that briefing and McKinney itself,' the panel majority now refuses to rehear the case. I am convinced that we are obligated…