Hason
Hason v. Medical Board of California
Opinion
Dissenting Opinion
Scannlain, J.
dissenting from denial of rehearing en banc.
Stubbornly extending enforcement of Title II of the Americans with Disabilities Act (“ADA”) against the Nine Western States, today’s opinion blithely ignores recent Supreme Court precedent and follows superseded cases of our court instead. It bears repeating: This decision cannot possibly be right. See Vinson v. Thomas, 288 F.3d 1145, 1157-58 (9th Cir.2002) (O’Scannlain, J., dissenting); see also Douglas v. Cal. Dep’t of Youth Auth., 285 F.3d 1226, 1226-27 (9th Cir.2002) (O’Scannlain, J., dissenting from denial of rehearing en banc). Because Hason all but invites a grant of certiorari and reversal for putting us out of step with the Supreme Court and creating a split with every other circuit to have considered the issue, I must dissent from the order denying en banc rehearing.
I
This opinion reaffirms two prior decisions of this court —Dare v. California, 191 F.3d 1167 (9th Cir.1999), and Clark v. California, 123 F.3d 1267 (9th Cir.1997)—which concluded that Title II validly abrogated the sovereign immunity of the several States. See Hason v. Med. Bd., 279 F.3d 1167 , 1170-71 (9th Cir.2002). In so doing, however, it refuses to deal…
Lead Opinion
ORDER
Judge Thomas has voted to deny the petition for rehearing en banc, and Judges Goodwin and Wallace recommended denial.
The full court has been advised of the petition for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.
The petition for rehearing en banc is DENIED.