This is all very curious to me.
Didn’t the 6th previously rule against it?
How did an appeal to to a different group of judges?
Once a ruling is made by a Panel, the only appeal is “en banc”.
If “en banc” fails, then it is off to SCOTUS.
If this is a matter of competing Panels, then the ruling is stayed until “en banc” can be arranged.
Something in the process isn’t lining up the way I am used to viewing it.
I believe it was one judge, then three.
Thus my question about if all the courts judges would look at it en banc.
en banc was originally requested before the 6th decision and was stymied 8-8.
It’s now been asked for again, after the decision.
The rumble is that it’s probably gunna be stymied again, hence off to SCOTUS.
that was my thought too ... still doesn’t make sense.