[ambrose]

This is a good panel, by 9th Circuit standards. We probably have four votes in the bag, and now need just two cross-over votes. We had to have cross-over votes to get the rehearing in the first place, and I doubt the original three judge panel voted for the rehearing - and none of them are on this panel.

[pogo101]

I doubt the original three judge panel voted for the rehearing - and none of them are on this panel

Yep, we got pretty lucky there. The probabilities were that one or two would be on, although zero or three can happen due to luck of the draw.

Contrariwise, none of the 3 Bush 43 judges got picked: Clifton, Bybee or Callahan. Oh well. The 3 GOP appointees we DID get are proven in battle. :)