[Dan from Michigan]

I thought he dissented and said the 2nd WAS an individual right.

[spunkets]

All I can see is...

"Opinion by Judge Kozinski
Partial Concurrence and Partial Dissent by Judge Restani.

[Cloud William]

I thought he dissented and said the 2nd WAS an individual right.

Kozinski *did* dissent in the Silviera case - it even says so in the above article. His dissent was a scathing, blistering masterpiece, too. If you haven't had opportunity to read it, please do so. It's so refreshing to see a 9th Circuit judge whose brain is functional!