Full Federal Appeals Court to hear CA recall case.

Fox

[Dog]

Breaking..

[Dog]

Am I first??

[July 4th]

9th Circuit to re-examine en banc. Perhaps the others feel the 3 have gone too far.

[Chad Fairbanks]

Here comes the en banc review and either:

1. Overturn the decision, claiming it as a state issue by the 9th circuit, or...
2. an appeal to the SCOTUS, with the same result, and
3. Vindication for my theories because I'm always right, and the experts are always wrong bwaaaaaaaahahahahahahahaha*


(*I'm humble, too)

[MamaLucci]

Can the full court just decide to do this on it's own, or must someone petition them to do so?

[Thebaddog]

Overturn it or we will, that's the USSC signal to the crazy boys in black.

[Tree of Liberty]

Looks like you beat me by a picosecond

[SunStar]

O'Reilly was wrong!

[mass55th]

"9th Circuit to re-examine en banc. Perhaps the others feel the 3 have gone too far."

I doubt it. They reviewed the three-Judge decision on the Pledge of Allegiance because there was such an uproar and went ahead and upheld the decision anyway.

[Dog]

This was very quick I wonder if a call was made from USSC to the 9th Circuit.

[goldstategop]

There's a good chance the en banc panel will reverse the three judge panel to avoid having the Supreme Court bitch slap them down. If the rule of law or common sense didn't restrain them, fear of being embarrassed by being summarily reversed would. I wouldn't be surprised if they reverse their own order. They've done it before and right now they're a public skunk.

[July 4th]

The 3 judge panel can ask, as well as the litigants. I don't know what the federal rules are on the full panel calling the en banc hearing, but perhaps someone else knows before I find the answer.

[AntiGuv]

You haven't been paying attention to the Ninth Circuit very much...

[VRWC_minion]

Perhaps the others feel the 3 have gone too far.

More likely, not far enough.

[FreedomPoster]

>>fear of being embarrassed by being summarily reversed would

It hasn't yet, why would they start being embarrassed now?

[goldstategop]

The Nine Circus other judges have been paying attention to possible developments out of Washington. Its still not too late for them to gracefully get out of the picture.

[July 4th]

Bingo - here's the answer:

Fed. R. App. P. Rule 35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:

(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or

(2) the proceeding involves a question of exceptional importance.

[Psycho_Bunny]

 

A case of this magnitude, under the time constraints that exist, should have been heard en blanc from the start.

The first three judges had no business ruling on the case themselves.

[Dog]

Could they have taken this......to keep it away from the USSC until after the Oct 7th election date?

[SierraWasp]

"(*I'm humble, too)"

Old tune: "Oh Lord, it's hard, to be humble; When you're perfect in every way!!!"