In interpreting a new provision of the Class Action Fairness Act, a three-judge panel of the 9th Circuit said last January that it saw nothing wrong with concluding a statute contained a "typographical error," and that the word "less" should read as "more." On Monday, the circuit refused to reconsider the ruling en banc. But in a blistering dissent joined by five judges, Judge Jay Bybee wrote that his colleagues' decision to "fix Congress's" mistake didn't bode well for the future authority of the courts.
For 9th Circuit, Less Means More
May 24, 2006