Ok, so a party line en banc split results in the decision being upheld 10-8.
However, there probably are at least a couple GOP appointees who have a track record of being peeled off on things like this.
I’m also noticing that there are Senior judges versus Active judges, and a chief judge as well. What exactly makes up en-banc, though? 18 sounds pretty unwieldy.
Chief appointed by Clinton.
Seniors: 5 Reagan’s and a Bushy and a Carterite.
The remainder, active circuit judges...
So Court is still majority Repub appointees.
Harry Reid was maybe too late with the nuclear option.
There are only 11 active judges in the D.C. Circuit.