Cc: @howappealing & @JHEisenman, who get shout-outs in the post.
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Hurwitz thinks he didn't RESPECT the denial enough.
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HA! Yup, I noticed that. I do wonder why Judge Hurwitz didn't just concur with the denial (but maybe he didn't vote; abstention = no).
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Abstention correlates with tenor of his "statement" too, which implies he *might* disagree, but not enough for en banc
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Though really, Hurwitz is never disagreeing with W. Fletcher-Gould.
End of conversation
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"any judge [active or senior] may circulate memoranda in response to an en banc call"; this opinion is not an internal memo. (2/2)
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O'Scannlain says General Order 5.5(a) lets him "participate in discussions of en banc proceedings," but what it says, really, is that (1/2)
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