For 9th Circuit, Less Means More

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.

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