text: "it came from verbatim from the opinion written by the 9th Circuit itself."
  Ah.  I think I understand your issue better.  You are conflating form with function.  What function, or process, is used in the House and Senate on voting over bills?  Is it a republic process where committees are elected and formed to decide if a proposed bill is passed into law or is it a democratic process where each member of the House and Senate votes on passage?  Technically the same question applies to the Judiciary though SCOTUS provides for plurality as well as majority decisions.