Senior judge (1) can make sua sponte call, (2) cannot vote on whether to go en banc & (3) cannot sit en banc unless on panel.
Looks like senior judge in 9th Circuit can do sua sponte request for en banc, if these rules are up to date http://michellawyers.com/wp-content/uploads/2010/11/Ninth-Circuit-En-Banc-Procedure-Guide.pdf …https://twitter.com/GabrielPanek/status/830193615074893825 …
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Huh, good to know!
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if i'm understanding, this is about ice cream
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