Last year, 9th Circuit Judge Jay Bybee authored a controversial opinion that a nonprofit school set up to benefit native Hawaiians was discriminating against white students by denying them admission. Judge Susan Graber dissented.

The judges restated their positions in additional detail on Tuesday — only this time Bybee was writing in dissent as Graber penned the 8-7 majority opinion in a strikingly contentious en banc case, in Doe v. Kamehameha Schools, C.D.O.S. 04-15044.

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