A ruling from the U.S. Court of Appeals for the 9th Circuit provides a glimpse into the sharply divided appeals court, and presents a call to action to address the court’s “systemic” habit of overstepping its authority in some death penalty cases.

Fourteen 9th Circuit judges joined a dissent to a Monday ruling denying an en banc rehearing of a death penalty case. However, both a dissent and concurrence to the decision crossed party lines.