Janas v. McCracken

REINHARDT, Circuit Judge,

dissenting from the denial of rehearing en banc, with whom PREGERSON and TASHIMA, Circuit Judges, join, and with whom MICHAEL DALY HAWKINS and GRABER, Circuit Judges, join with respect to Part I:

By failing to take this case en banc, this court appears to endorse a decision of a divided panel that ignores the plain directives of Congress, casts aside the prior decisions of this court, and creates a striking conflict with our fellow circuits. Because I believe that we have a duty to correct an opinion that ignores the authority of Congress’s words, the dictates of stare…