I have a completely different take. I don’t trust any judge in the 9th circus. I’m more apt to believe that they are playing games. For example, if the 9th agrees to hear it en banc, does that prohibit Trump from going to the Supreme Court until the 9th is finished, thus delaying it further. The 9th takes a long time to come to a resolution. I don’t think it has anything to do with a judge thinking the three judges really stepped on it. Don’t trust them.
Read my #58 please. I’d like to get some feed back on that thought from people more knowledgeable in the law.
Also, does the administration have to submit the briefs requested by the 9th judge re an en banc hearing or can they ignore the request and go back to the circuit court?
I’m thinking along the same lines as you except in that the next step we want is back in district court instead of petitioning the SC now.