[Scoutmaster]

?That is not part of the legal process. In fact it may be illegal.

This should go direct to the Supreme Court.

It is part of the legal process. Read Rule 35. En Banc Determination of the Federal Rules of Appellate Procedure.

Rule 35(a)

A majority of the circuit judges who are in regular active service and who are not disqualified 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 import.

A majority of the judges on the U.S. Court of Appeals for the District of Columbia Circuit can vote to rehear this appeal en banc, that is, before the entire panel of judges.

[Focault's Pendulum]

It is part of the legal process.

Yes it is, but Obama can't make it happen.