[Congressman Billybob]

The Ninth Circuit is a wild-hair Court generally, not just on this particular three-judge panel. If it were my choice, I'd take it straight to the Supremes and not bother with asking all the 36 (is it?) judges of the Ninth Circuit to confer by telephone. There is no requirement that parties to the case go to the whole Circuit (en banc) before asking the SCOTUS for Emergency Relief.

John / Billybob

[prairiebreeze]

Judge Napolitano on FOX says that it is "bitter irony" that these three judges were selected by the "random" (huge emphasis here) process of judge-selection that is supposed to take place.

More like Bubba greased a lot of palms in the selection room

Prairie

[pogo101]

I'd take it straight to the Supremes and not bother with asking all the 36 (is it?) judges of the Ninth Circuit to confer by telephone

The Circus has 26 active judges; 14 -- a majority of the 26, not merely a majority of those who actually do vote on the issue -- are required to have a matter reheard by an 11-judge en banc panel. The panel would consist of Chief Judge Schroeder, a Carter appointee and liberal (if not as much so as Pregerson or Paez), plus 10 of the other 25 actives selected at random. Of course, 6 of the 11 would be required to reverse. The Circus also has 21 Senior judges ineligible to vote on whether to rehear a matter en banc.