Rick HasenVerified account

Ninth Circuit may review yesterday's panel order http://online.wsj.com/public/resources/documents/2017_0210_ninth_circuit.pdf …

Via @jacobgershman: don't go home those following Trump EO litigation in 9th Circuit. One of the judges on own motion asks for en banc /1

This means that even if the Trump Admin. never requested it, there's now a request to entire 9th Circuit to reconsider yesterdays' order /2

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