“Chief Judge Sidney Thomas of the 9th Circuit Court has instructed both Trump’s DOJ team and lawyers for the State of Washington and Minnesota to file briefs due by Thursday February 16th, stating whether they believe the motion should be considered en banc.”
This is moving at lightning speed for the Ninth Circuit. On Second Amendment cases, they have taken years to sort them out. Their hair is on fire about something. Just what they plan to do is uncertain, but they want to do it fast.
En banc decisions at the 9th Circuit are decided by an 11 judge panel, that is picked at random, except for the Chief Justice, who is automatically included. In this case it would be Thomas, who is ultra-liberal.
Hear is the link to the process for en banc, but it already seems they are throwing out the rules for this case:
http://michellawyers.com/wp-content/uploads/2010/11/Ninth-Circuit-En-Banc-Procedure-Guide.pdf
Rather then dividing the 9th Circuit Congress should simply pass a law prohibiting any judge in the 9th Circuit from hearing any issue related to the lawfulness of an executive order or an act of congress.
Don’t allow the 9th to have jurisdiction over any constitutional matter whatsoever.
Just strip these clowns of the ability to run their circus.