Rick HasenVerified account

It takes a majority of judges to vote to hear case "en banc," and if ordered it ordinarily means 11 judges (Chief and 10 picked random) /3

although there's a procedure for the full court (25? active judges) to hear case. I don't think that's been successfully called /4

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

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

But if case gets mooted it is hard to see a vote for an en banc in any case /8

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

and that might be what this is all about /10