It’s not my area, but in 45 years of practice I cannot remember a court rendering, or even empaneling an en blanc on it’s own motion.
Sends a strong signal the 3 judge panel wants to cover itself, but they are also giving the administration a “do over.”
?
If reheard, State of Washington has a tough level of proof to attain. In order to sustain the TRO, they must establish at least two things:
#1: POTUS does not have the questioned authority.
#2: Persons temporarily denied entry would suffer IRREPARABLE harm, and the temporary nature of the ban seems to negate irrreparability argument.
Old Chinese curse: “May you live in interesting times.”
Future history books will also have: The Trump Curse
Under budget...ahead of schedule...and unpredictable.