It sounds like the stupid damn decision came from a “portion” of the court, similar to a committee of. Three judge panel. Not knowing a whole lot about the 9th circus, it does sound as if it is much larger than just the three judges. Probably have other judges of the 9th reviewing the three judge panel's decision and having an epiphany.
Oh crap...to remain relevant, we've got to reverse this thing.
Yup. These judges do not want to own the Syrian or Somalia refuge who charges into a school, and then slaughters a 100 little kids.
It’s too late. They own it. They will have to answer to it when it happens.