concurring

One of the justices on the panel, Judge Patrick Higginbotham, wrote a concurring opinion expressing frustration with the test, and asked the Supreme Court to intervene.

He used his concurring opinion to the immunity ruling to ‘highlight another way in which this prosecution may violate our constitutional structure.’

In his concurring opinion, he's like, "You guys, we can just use the 14th Amendment. It’s right there."

“The horrible shooting spree in Las Vegas in 2017 did not change the statutory text or its meaning,” he wrote in a concurring opinion on the ruling.

In his concurring opinion, Justice Neil Gorsuch said “lower courts would be wise to take heed” and limit use of “universal injunctions” blocking all enforcement of laws that face legal challenges.