But Chief Judge Alex Kozinski “Wants No Part Of It”
An en banc panel of the Ninth Circuit Court of Appeals, believing that the parties should attempt to settle their long-running dispute concerning the conditions for holding gun shows at the Alameda County fairgrounds, has ordered the dispute to mediation. Nordyke v. King, No. 07-15763 (9th Cir. April 4, 2012) (for publication).
Judge Milan D. Smith, Jr., concurred, but “would have attached a copy of a proposed disposition in this case so that the parties would know what they would face in the event mediation fails.”
Chief Judge Alex Kozinski, joined by Judge Ronald M. Gould, dissented. We can only describe the dissent as “classic Kozinski”, expressed in his inimitable voice. We reprint it, without further comment, in full:
“The parties have not asked for mediation; they have said nothing that suggests mediation would be fruitful; when asked about it in court, they displayed obvious distaste for the idea. We overstep our authority by forcing the parties to spend time and money engaging in a mediation charade. Our job is to decide the case, and do so promptly. This delay serves no useful purpose; it only make us look foolish. I want no part of it.”