California Appellate Justices
Judges of the United States Court of Appeals for the Ninth Circuit
The Ninth Circuit is the largest of the federal courts of appeals. It hears appeals from the four federal district courts in California and from the district courts of eight other western states and two Pacific territories, sitting principally at the James R. Browning United States Courthouse in San Francisco and at its Pasadena courthouse. The court has 29 authorized judgeships, all filled as of the roster date.
Roster verified as of August 30, 2026 against the court's official list of judges. Members of the court are addressed as Circuit Judge; the presiding member is the Chief Judge. Senior circuit judges continue to hear cases on a reduced caseload and sit on panels.
Why These Pages Link to Dissents
Appellate courts speak through majority opinions, which must express the view of the panel. A separately written dissent speaks for its author alone. In my experience, that is why dissents are often where a justice explains his or her own reasoning most directly — the treatment of precedent, the reading of a statute, the weight given to procedure. These pages collect published opinions in which each justice dissented, with a short neutral note on what the majority held, and link to the full opinions so that readers can draw their own conclusions. A dissent is not controlling authority, and nothing here predicts how any justice will decide a future case. Some judges rarely write separately; where no published dissenting opinion has been identified for a judge, these pages say so rather than imply that one exists.
Thomas Ogden, Esq.
Certified Specialist in Appellate Law
State Bar of California Board of Legal Specialization
Judges in Active Service
Listed with the presiding judge first and then alphabetically. Each entry links to the official biography and, where opinion links have been added, to that judge's dissenting opinions further down this page.
- Chief Judge Mary H. MurguiaChief Judge of the Ninth Circuit since December 1, 2021. Appointed to the Ninth Circuit by President Barack Obama and in active service since January 2011; previously a judge of the United States District Court for the District of Arizona (2000–2011), appointed by President Bill Clinton. Degrees from the University of Kansas. Biographical directory · Dissenting opinions (3) ↓
- Circuit Judge Bridget S. BadeAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Mark J. BennettAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2018. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Daniel A. BressAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Patrick J. BumatayAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (5) ↓
- Circuit Judge Consuelo M. CallahanAppointed to the Ninth Circuit by President George W. Bush; in regular active service since 2003. Biographical directory · Dissenting opinions (2) ↓
- Circuit Judge Morgan ChristenAppointed to the Ninth Circuit by President Barack Obama; in regular active service since 2012. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Daniel P. CollinsAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (2) ↓
- Circuit Judge Ana de AlbaAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2023. Biographical directory · Opinion links in preparation
- Circuit Judge Roopali H. DesaiAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022. Biographical directory · Opinion links in preparation
- Circuit Judge Danielle J. ForrestAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Michelle T. FriedlandAppointed to the Ninth Circuit by President Barack Obama; in regular active service since 2014. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Ronald M. GouldAppointed to the Ninth Circuit by President Bill Clinton; in regular active service since 1999. Biographical directory · Dissenting opinions (2) ↓
- Circuit Judge Anthony D. JohnstoneAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2023. Biographical directory · Opinion links in preparation
- Circuit Judge Lucy H. KohAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2021. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Kenneth K. LeeAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Salvador Mendoza, Jr.Appointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Eric D. MillerAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019. Biographical directory · Opinion links in preparation
- Circuit Judge Ryan D. NelsonAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2018. Biographical directory · Dissenting opinions (3) ↓
- Circuit Judge Jacqueline H. NguyenAppointed to the Ninth Circuit by President Barack Obama; in regular active service since 2012. Biographical directory · Opinion links in preparation
- Circuit Judge John B. OwensAppointed to the Ninth Circuit by President Barack Obama; in regular active service since 2014. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Johnnie B. RawlinsonAppointed to the Ninth Circuit by President Bill Clinton; in regular active service since 2000. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Gabriel P. SanchezAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Milan D. Smith, Jr.Appointed to the Ninth Circuit by President George W. Bush; in regular active service since 2006. Biographical directory · Dissenting opinions (1) ↓
- Circuit Judge Jennifer SungAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2021. Biographical directory · Dissenting opinions (2) ↓
- Circuit Judge Holly A. ThomasAppointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022. Biographical directory · Opinion links in preparation
- Circuit Judge Eric C. TungAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2025. Biographical directory · Opinion links in preparation
- Circuit Judge Lawrence VanDykeAppointed to the Ninth Circuit by President Donald Trump; in regular active service since 2020. Biographical directory · Dissenting opinions (5) ↓
- Circuit Judge Kim McLane WardlawAppointed to the Ninth Circuit by President Bill Clinton; in regular active service since 1998. Biographical directory · Dissenting opinions (1) ↓
Senior Circuit Judges
Senior circuit judges as of the roster date; they sit on panels alongside the active judges.
J. Clifford Wallace; Dorothy Wright Nelson; Mary M. Schroeder; William C. Canby, Jr.; Stephen S. Trott; Ferdinand F. Fernandez; Michael Daly Hawkins; A. Wallace Tashima; Sidney R. Thomas; Barry G. Silverman; M. Margaret McKeown; Susan P. Graber; William A. Fletcher; Marsha S. Berzon; Richard A. Paez; Richard C. Tallman; Richard R. Clifton; Carlos T. Bea; Jay S. Bybee; N. Randy Smith; Andrew D. Hurwitz.
Dissenting Opinions by Judge
Chief Judge Mary H. Murguia
Chief Judge, United States Court of Appeals for the Ninth Circuit
Chief Judge of the Ninth Circuit since December 1, 2021. Appointed to the Ninth Circuit by President Barack Obama and in active service since January 2011; previously a judge of the United States District Court for the District of Arizona (2000–2011), appointed by President Bill Clinton. Degrees from the University of Kansas.
Selected published opinions in which Chief Judge Murguia dissented
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The GEO Group, Inc. v. Newsom 50 F.4th 745 (9th Cir. 2022) (en banc) Federalism / preemption
The en banc court held that California's Assembly Bill 32, which bars private detention facilities, violates the Supremacy Clause as applied to facilities under contract with federal immigration authorities, and vacated the denial of a preliminary injunction.
Judge Murguia dissented. Judges Rawlinson and Sung joined the dissent. Read the full opinion
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The GEO Group, Inc. v. Newsom 15 F.4th 919 (9th Cir. 2021) Federalism / preemption
The panel held that the United States and a private detention contractor were likely to succeed in their challenge to California's Assembly Bill 32, which bars the operation of private detention facilities in the state, and reversed the denial of a preliminary injunction.
Judge Murguia dissented. The panel decision was vacated when the court granted rehearing en banc; see the 2022 en banc decision. Read the full opinion
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Murguia joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Bridget S. Bade
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Bade dissented
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Rojas-Espinoza v. Blanche No. 24-7536 (9th Cir. June 9, 2026) (en banc order) Immigration / stays of removal
In an immigration matter, the en banc court vacated a prior order that had denied the petitioners' motion for a stay of removal and directed supplemental briefing; Judge Lee dissented from the vacatur.
Judge Bade joined the dissenting opinion. Read the full opinion
Circuit Judge Mark J. Bennett
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2018.
Selected published opinions in which Circuit Judge Bennett dissented
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Nwauzor v. The GEO Group, Inc. 127 F.4th 750 (9th Cir. 2025) Federalism / intergovernmental immunity
The panel held that Washington's minimum wage law applies to a private contractor's operation of a federal immigration detention facility, rejecting the contractor's intergovernmental-immunity and preemption defenses.
Judge Bennett dissented. The court later denied rehearing en banc over dissents by Judges Bumatay and Collins. Read the full opinion
Circuit Judge Daniel A. Bress
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Bress dissented
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Nwauzor v. The GEO Group, Inc. No. 21-36024 (9th Cir. Aug. 13, 2025) (order denying rehearing en banc) Federalism / intergovernmental immunity
The court declined to rehear en banc a panel decision holding that Washington's minimum wage law applies to a private contractor's operation of a federal immigration detention facility, rejecting the contractor's intergovernmental-immunity and preemption defenses.
Judge Bress joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Patrick J. Bumatay
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Bumatay dissented
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Duncan v. Bonta 133 F.4th 852 (9th Cir. 2025) (en banc) Second Amendment
The en banc court held that California's ban on large-capacity magazines does not violate the Second Amendment.
Judge Bumatay dissented. Judges R. Nelson and VanDyke joined this dissent; Judges R. Nelson and VanDyke also filed separate dissents. Read the full opinion
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Duncan v. Bonta 19 F.4th 1087 (9th Cir. 2021) (en banc) Second Amendment
The en banc court held that California's ban on large-capacity magazines was constitutional under the Second Amendment framework then applied by the court.
Judge Bumatay dissented. Judges Ikuta and R. Nelson joined the dissent. The Supreme Court later vacated the judgment and remanded for reconsideration in light of New York State Rifle & Pistol Association v. Bruen (2022). Read the full opinion
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Mai v. United States 974 F.3d 1082 (9th Cir. 2020) (order denying rehearing en banc) Second Amendment
The court declined to rehear en banc a panel decision holding that the federal prohibition on firearm possession by a person previously committed to a mental institution was constitutional as applied to a plaintiff who had been committed as a minor years earlier.
Judge Bumatay dissented from denial of rehearing en banc. Judges Collins and VanDyke filed separate dissents from the denial of rehearing en banc. Read the full opinion
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Nwauzor v. The GEO Group, Inc. No. 21-36024 (9th Cir. Aug. 13, 2025) (order denying rehearing en banc) Federalism / intergovernmental immunity
The court declined to rehear en banc a panel decision holding that Washington's minimum wage law applies to a private contractor's operation of a federal immigration detention facility, rejecting the contractor's intergovernmental-immunity and preemption defenses.
Judge Bumatay dissented from denial of rehearing en banc. Judge Collins, joined by Judges R. Nelson and Bress, filed a separate dissent from the denial of rehearing en banc; Judge Bennett had dissented from the panel decision. Read the full opinion
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Edmo v. Corizon, Inc. 935 F.3d 757 (9th Cir. 2019), reh'g en banc denied (9th Cir. 2020) Eighth Amendment / prison medical care
The panel held that a state's refusal to provide gender confirmation surgery to a transgender prisoner, where the treating medical evidence established the surgery was medically necessary, violated the Eighth Amendment, and the court declined to rehear the case en banc.
Judge Bumatay dissented from denial of rehearing en banc. Read the full opinion
Circuit Judge Consuelo M. Callahan
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President George W. Bush; in regular active service since 2003.
Selected published opinions in which Circuit Judge Callahan dissented
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Dai v. Sessions (Ming Dai) 884 F.3d 858 (9th Cir. 2018), reh'g en banc denied, 916 F.3d 731 (9th Cir. 2019) Immigration / asylum credibility
The panel held that where neither the immigration judge nor the Board of Immigration Appeals made an explicit adverse credibility finding, an asylum applicant's testimony had to be treated as credible and true, and the court declined to rehear the case en banc.
Judge Callahan dissented from denial of rehearing en banc. Nine active judges joined the dissent from the denial of rehearing en banc. The Supreme Court subsequently reversed, holding that a reviewing court may not presume an applicant's testimony credible absent an explicit adverse credibility finding. Garland v. Ming Dai, 593 U.S. 357 (2021). Read the full opinion
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Community Legal Services in East Palo Alto v. U.S. Department of Health and Human Services No. 25-2808 (9th Cir. May 14, 2025) (published order) Administrative law / stays pending appeal
The panel denied the government's motion for a stay pending appeal of a district court order concerning the termination of federal funding for legal representation of unaccompanied immigrant children.
Judge Callahan dissented. Read the full opinion
Circuit Judge Morgan Christen
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Barack Obama; in regular active service since 2012.
Selected published opinions in which Circuit Judge Christen dissented
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Ramos v. Wolf 975 F.3d 872 (9th Cir. 2020) Immigration / Temporary Protected Status
The panel vacated a preliminary injunction that had barred the termination of Temporary Protected Status designations for Sudan, Nicaragua, Haiti, and El Salvador, holding that judicial review of the plaintiffs' Administrative Procedure Act claim was barred by statute and that the plaintiffs had not shown a likelihood of success on their equal protection claim.
Judge Christen dissented. The court later granted rehearing en banc, vacating the panel opinion. Read the full opinion
Circuit Judge Daniel P. Collins
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Collins dissented
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Mai v. United States 974 F.3d 1082 (9th Cir. 2020) (order denying rehearing en banc) Second Amendment
The court declined to rehear en banc a panel decision holding that the federal prohibition on firearm possession by a person previously committed to a mental institution was constitutional as applied to a plaintiff who had been committed as a minor years earlier.
Judge Collins dissented from denial of rehearing en banc. Judges Bumatay and VanDyke filed separate dissents from the denial of rehearing en banc. Read the full opinion
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Nwauzor v. The GEO Group, Inc. No. 21-36024 (9th Cir. Aug. 13, 2025) (order denying rehearing en banc) Federalism / intergovernmental immunity
The court declined to rehear en banc a panel decision holding that Washington's minimum wage law applies to a private contractor's operation of a federal immigration detention facility, rejecting the contractor's intergovernmental-immunity and preemption defenses.
Judge Collins dissented from denial of rehearing en banc. Judges R. Nelson and Bress joined this dissent; Judge Bumatay filed a separate dissent from the denial of rehearing en banc. Read the full opinion
Circuit Judge Danielle J. Forrest
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Forrest dissented
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Gibson v. City of Portland No. 24-1663 (9th Cir. Jan. 29, 2026) Civil rights / immunity
The panel affirmed in part and reversed in part the dismissal of a civil rights action against the City of Portland, Multnomah County, and prosecutors, addressing immunity defenses and the district court's treatment of the complaint as an improper shotgun pleading.
Judge Forrest concurred in part and dissented in part. Read the full opinion
Circuit Judge Michelle T. Friedland
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Barack Obama; in regular active service since 2014.
Selected published opinions in which Circuit Judge Friedland dissented
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Friedland dissented from denial of rehearing en banc. Chief Judge Murguia and Judges Wardlaw, Gould, Koh, Sung, Sanchez, and Mendoza joined the dissent. The original panel opinion is reported at 65 F.4th 1045 (9th Cir. 2023). Read the full opinion
Circuit Judge Ronald M. Gould
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Bill Clinton; in regular active service since 1999.
Selected published opinions in which Circuit Judge Gould dissented
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Gonzalez v. Google LLC 2 F.4th 871 (9th Cir. 2021) Section 230 / Anti-Terrorism Act
The panel affirmed the dismissal of Anti-Terrorism Act claims against Google arising from a terrorist attack, holding that most of the claims were barred by section 230 of the Communications Decency Act and that the remaining claims were not adequately pleaded.
Judge Gould concurred in part and dissented in part. Judge Gould also dissented from the denial of rehearing en banc (order filed January 3, 2022). The Supreme Court later vacated the judgment and remanded, Gonzalez v. Google LLC, 598 U.S. 617 (2023). Read the full opinion
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Gould joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Lucy H. Koh
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Joe Biden; in regular active service since 2021.
Selected published opinions in which Circuit Judge Koh dissented
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Koh joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Kenneth K. Lee
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2019.
Selected published opinions in which Circuit Judge Lee dissented
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Rojas-Espinoza v. Blanche No. 24-7536 (9th Cir. June 9, 2026) (en banc order) Immigration / stays of removal
In an immigration matter, the en banc court vacated a prior order that had denied the petitioners' motion for a stay of removal and directed supplemental briefing; Judge Lee dissented from the vacatur.
Judge Lee dissented. Judge Bade joined the dissent; Judge Wardlaw filed a concurrence. Read the full opinion
Circuit Judge Salvador Mendoza, Jr.
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022.
Selected published opinions in which Circuit Judge Jr. dissented
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Mendoza joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Ryan D. Nelson
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2018.
Selected published opinions in which Circuit Judge Nelson dissented
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Duncan v. Bonta 133 F.4th 852 (9th Cir. 2025) (en banc) Second Amendment
The en banc court held that California's ban on large-capacity magazines does not violate the Second Amendment.
Judge Nelson dissented. Judges Bumatay and VanDyke filed separate dissents. Read the full opinion
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Duncan v. Bonta 19 F.4th 1087 (9th Cir. 2021) (en banc) Second Amendment
The en banc court held that California's ban on large-capacity magazines was constitutional under the Second Amendment framework then applied by the court.
Judge Nelson joined the dissenting opinion. Read the full opinion
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Nwauzor v. The GEO Group, Inc. No. 21-36024 (9th Cir. Aug. 13, 2025) (order denying rehearing en banc) Federalism / intergovernmental immunity
The court declined to rehear en banc a panel decision holding that Washington's minimum wage law applies to a private contractor's operation of a federal immigration detention facility, rejecting the contractor's intergovernmental-immunity and preemption defenses.
Judge Nelson joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge John B. Owens
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Barack Obama; in regular active service since 2014.
Selected published opinions in which Circuit Judge Owens dissented
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Health Freedom Defense Fund, Inc. v. Carvalho No. 22-55908 (9th Cir. July 31, 2025) (en banc) Mootness / public health
The en banc court held that a challenge to the Los Angeles Unified School District's since-rescinded COVID-19 employee vaccination policy was not moot and affirmed the dismissal of the action on the merits.
Judge Owens dissented. The earlier panel decision is reported at 104 F.4th 715 (9th Cir. 2024), vacated on grant of rehearing en banc, 127 F.4th 750 (9th Cir. 2025). Read the full opinion
Circuit Judge Johnnie B. Rawlinson
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Bill Clinton; in regular active service since 2000.
Selected published opinions in which Circuit Judge Rawlinson dissented
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The GEO Group, Inc. v. Newsom 50 F.4th 745 (9th Cir. 2022) (en banc) Federalism / preemption
The en banc court held that California's Assembly Bill 32, which bars private detention facilities, violates the Supremacy Clause as applied to facilities under contract with federal immigration authorities, and vacated the denial of a preliminary injunction.
Judge Rawlinson joined the dissenting opinion. Read the full opinion
Circuit Judge Gabriel P. Sanchez
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Joe Biden; in regular active service since 2022.
Selected published opinions in which Circuit Judge Sanchez dissented
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Sanchez joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Milan D. Smith, Jr.
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President George W. Bush; in regular active service since 2006.
Selected published opinions in which Circuit Judge Jr. dissented
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United States v. Duarte 101 F.4th 657 (9th Cir. 2024) Second Amendment
The panel held that the federal felon-in-possession statute violated the Second Amendment as applied to a defendant whose prior convictions were nonviolent.
Judge Smith dissented. Rehearing en banc was granted and the panel opinion vacated, 108 F.4th 786 (9th Cir. 2024); the en banc court later upheld the statute as applied, 137 F.4th 743 (9th Cir. 2025). Read the full opinion
Circuit Judge Jennifer Sung
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Joe Biden; in regular active service since 2021.
Selected published opinions in which Circuit Judge Sung dissented
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The GEO Group, Inc. v. Newsom 50 F.4th 745 (9th Cir. 2022) (en banc) Federalism / preemption
The en banc court held that California's Assembly Bill 32, which bars private detention facilities, violates the Supremacy Clause as applied to facilities under contract with federal immigration authorities, and vacated the denial of a preliminary injunction.
Judge Sung joined the dissenting opinion. Read the full opinion
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Sung joined the dissent from denial of rehearing en banc. Read the full opinion
Circuit Judge Lawrence VanDyke
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Donald Trump; in regular active service since 2020.
Selected published opinions in which Circuit Judge VanDyke dissented
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Duncan v. Bonta 133 F.4th 852 (9th Cir. 2025) (en banc) Second Amendment
The en banc court held that California's ban on large-capacity magazines does not violate the Second Amendment.
Judge VanDyke dissented. Judge Bumatay and Judge R. Nelson filed separate dissents. Read the full opinion
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Hittle v. City of Stockton 101 F.4th 1000 (9th Cir. 2024) Employment discrimination / religion
The panel affirmed summary judgment against a former fire chief who alleged that his termination, following his attendance at a religious leadership event, was religious discrimination, and the court declined to rehear the case en banc.
Judge VanDyke dissented from denial of rehearing en banc. Read the full opinion
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United States v. Duarte 137 F.4th 743 (9th Cir. 2025) (en banc) Second Amendment
The en banc court held that the federal felon-in-possession statute is constitutional as applied to a defendant whose prior convictions were nonviolent.
Judge VanDyke concurred in part and dissented in part. Judge VanDyke concurred in the judgment in part and dissented in part. Read the full opinion
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United States v. Duarte No. 22-50048 (9th Cir. July 17, 2024) (order granting rehearing en banc) Second Amendment
The court granted rehearing en banc, vacating a panel decision that had held the federal felon-in-possession statute unconstitutional as applied to a defendant whose prior convictions were nonviolent.
Judge VanDyke dissented from grant of rehearing en banc. The vacated panel decision is reported at 101 F.4th 657 (9th Cir. 2024); the order granting rehearing is reported at 108 F.4th 786; the en banc court's decision followed at 137 F.4th 743 (9th Cir. 2025). Read the full opinion
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Mai v. United States 974 F.3d 1082 (9th Cir. 2020) (order denying rehearing en banc) Second Amendment
The court declined to rehear en banc a panel decision holding that the federal prohibition on firearm possession by a person previously committed to a mental institution was constitutional as applied to a plaintiff who had been committed as a minor years earlier.
Judge VanDyke dissented from denial of rehearing en banc. Judges Collins and Bumatay filed separate dissents from the denial of rehearing en banc. Read the full opinion
Circuit Judge Kim McLane Wardlaw
Circuit Judge, United States Court of Appeals for the Ninth Circuit
Appointed to the Ninth Circuit by President Bill Clinton; in regular active service since 1998.
Selected published opinions in which Circuit Judge Wardlaw dissented
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California Restaurant Association v. City of Berkeley 89 F.4th 1094 (9th Cir. 2024) (amended opinion and order denying rehearing en banc) Federal preemption / energy law
The panel held that the federal Energy Policy and Conservation Act preempts Berkeley's ordinance prohibiting natural gas piping in newly constructed buildings, and the court declined to rehear the case en banc.
Judge Wardlaw joined the dissent from denial of rehearing en banc. Read the full opinion
About these pages
Court composition changes through appointment, retirement, and elevation, and the panel that hears a particular matter may include justices sitting by assignment. Nothing on this page predicts how any justice will decide a future case, and a dissent is not controlling authority. Read the note on method.