Dissenting from an order denying a request by both parties to take an Arizona death penalty case en banc, Judge Stephen Reinhardt wrote for a group of 11 judges to argue that the decision in the case, which he said presents issues of overarching importance, is merely “advisory.”
“The decision in this case is similar to that in Bush v. Gore — good for this case and this case only — except that here the decision is not even good for this case,” Reinhardt wrote.
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