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An internecine fight between 9th U.S. Circuit Court of Appeals judges spilled into the open Wednesday, as several judges argued over whether an earlier unanimous decision could indeed be considered precedent.

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.”

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