Dossey Douglas v. California Department of Youth Authority
Opinion
Opinion
O'Scannlain, J.
Order. Dissent by Judge O’SCANNLAIN.
ORDER
The panel has voted to deny and reject the suggestion for rehearing en banc.
The full court was advised of the suggestion for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed. R.App. P. 35.
The suggestion for rehearing en banc is denied.
join, dissenting from the denial of rehering en banc:
By failing to rehear Douglas v. Cal. Dep’t of Youth Auth., 271 F.3d 812 (9th Cir.2001), en banc, we also fail to resolve the conflict between two competing constitutional provisions implicated in this case — namely, the Spending Clause and the Eleventh Amendment. Because I believe that had this important issue received the thoughtful consideration it deserved Douglas would have reached a different result, I respectfully dissent from the order denying rehearing en banc.
I
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