"So if the 12 judge panel won't hear the case, it might just be heard by a single Judge or a smaller panel??"
No...they went straight to en banc...so if they say no, then its no. If they grant injunctive relief the tube comes back immediately. Pray for that first.
I just saw a news flash on MSNBC that said the 11th granted the additional review...I am not sure if that means they are going to hear the case or if they will just allow the filing, it was one of those things they flash on the screen real quick. I will keep scoping it out.