For the purposes of the Court of Appeal, what is the difference between the majority and the majority?

MultiRegion, United States of America

The following excerpt is from State v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014):

For recognizing the factual and legal backdrop underlying the district court's decision, the majority accuses me of undertaking a de novo review and usurping the district court's role. Not so. Although I have the benefit of a post hoc perspective that necessarily comes with appellate review (not to mention knowledge of the majority's newly-fashioned legal standards), I have simply evaluated the district court's reasoning in light of the record as a whole, which we are required to do when reviewing a decision for abuse of discretion. See, e.g., McKinley v. City of Eloy, 705 F.2d 1110, 1117 (9th Cir.1983).

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