[TheAngryClam]

It's just luck of the draw.

There's nothing more up than, say, drawing a conservative three judge panel on the 4th Circuit. That's just what happens when you have a predominance of one party's appointees on the bench.

The 9th Circuit was expanded by, I think, 10 judges under Carter, and Clinton got the retirement/senior status excess of those. That's part of the reason the Circuit is so weird.

Another part is that there are so many judges that they have these limited en banc panels. It's a common complaint among the judges themselves that it's hard for them to keep consistent law for the circuit when it's not all of them making a decision.

[Pubbie]

"It's just luck of the draw."

When the panel rules that Gray Davis is First Governor for Life of the Province of Aztlanfornia don't say you weren't warned...