Ninth Circuit may review yesterday's panel order http://online.wsj.com/public/resources/documents/2017_0210_ninth_circuit.pdf …
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Many more D-appointed than R-appointed judges on court, but some of the D-appointed are less liberal. Still seems like long shot /5
But if it is granted, the 11-judge panel could skew more conservative than 9th Circuit as a whole, so there's a chance /6
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Today's order makes both sides' briefs due 2/16. Not clear if Trump Admin could withdraw if Pres issues new EO mooting case /7
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But if case gets mooted it is hard to see a vote for an en banc in any case /8
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But even if 9th Circuit denies dissent, it is possible a judge will write a dissenting statement to support Trump EO on the record /9
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and that might be what this is all about /10
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If you want to impress your non-lawyer friends (1) sua sponte - judge's own request (not party) (2) dissental http://www.yalelawjournal.org/forum/i-say-dissental-you-say-concurral … /11
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to be clear, this could have come from any active or senior 9th Cir. judge---not likely the 3 judges on unanimous panel /12
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Bottom line: just when you thought it was time for drinks Friday afternoon, there's more work to do /13
#appellatetwitter -
Interesting alternative reason from
@chris_j_walker to go en banc: to get rid of 3-judge panel opinion: https://twitter.com/chris_j_walker/status/830203910694518785 … /14 - 1 more reply
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10-1 says it was O'Scannlain who called for en banc hearing.
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My bet is on Bybee. O'Scannlain is senior status now.
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senior judges can call en bancs in 9th
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Ah was wondering that.
End of conversation
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Will the one who requested the rehearing en banc automatically be within those 11 judges?
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