This AZ case. I never knew 9th Cdrew the en banc panel members at same time as EB order. Is that normal? @rickhasen @DavidLat @RoryLittle
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"or group of related cases en banc." Circuit Rule 35-3. http://cdn.ca9.uscourts.gov/datastore/uploads/rules/rules.htm#pID0E0VJ0HA … (2/2)
there may be special timing procedures for expedited election cases (there should be)
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I would not be surprised; exceptions can be made (e.g., having mandate issue forthwith).
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That all makes sense. Just amazing that Reinhardt could incorporate the likely result into the concurrence
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Yes, I find that rather... unorthodox.
End of conversation
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