I am sure we would have heard if the 9th had been flipped. It is getting close though. Which means that it is almost a 50-50 chance when the 3 judge panel is chosen. A full hearing almost never happens in the 9th because there are so many judges and the backload is huge.
Judge Daniel Collins (9th circuit) goes to our Catholic Church in so cal. He’s one of trumps appointees and is a fierce and clear-thinking conservative. He clerked for. Antonin Scalia early on and said ‘that man only searched for the truth wherever it was to be found.’ We are so encouraged by these two new appointees. The tide is turning.
Except for Second Amendment cases that favor the Constitution.
Then an en banc hearing seems mandatory.