Actually it would be more like 27-0, if your view is correct.
This is their one shot at redemption, and it is coming from within, not as a request by the any of the parties involved.
Highly unusual.
This sua sponte motion for an en banc review must be causing a lot of late night oil burning at Justice trying to figure out what their next move is. One could suggest that this reduces the game to one of two outcomes: 1. they reverse the lower courts and allow the order to stand while the lower court hears the case, or 2. They affirm, after writing a much stronger opinion, and force DOJ to go to the Supreme Court [because of the weight of precedent established].
It is highly unusual. The have been listening to legal scholars for the last few days saying it is totally in the President wheelhouse and one of them finally got up, blew the dust off a law book, and figured out they were scre#ed.
The entire country is laughing at them
“Actually it would be more like 27-0, if your view is correct.”
Right.
But There’s NO WAY this is happening to reverse the 3 judges.
NO WAY.
It’s a trap for the Trump admin to go appeal and get beat down again.
“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