Thank you, those two 6th circuit rulings confused me.
What does en banc mean?
en banc means all 16 judges on the 6th circuit hear the case and rule on it.
There was a motion to have an en banc hearing instead of the 3 judge panel that was denied because the judges split 8/8 on it.
One of the judges on the 3 judge panel that dissented from its ruling voted to deny en banc prior to the judgement of the 3 judge panel and will probably vote to restore the stay along with the 8 that voted to have an en banc judgement if it goes to en banc now.
But it has also been appealed directly to SCOTUS and they may issue the stay or kick it back down to an en banc hearing by the 6th circuit. (hopefully they will not issue a hard ruling against the stay, so far they have merely refused to issue one in similar cases and deferred to lower courts)
What lies behind us
and what lies ahead of us
are tiny matters
compared to what lives within us.
Henry David Thoreau