[scooby321]

who filed a appeal?

These idiots must know they can"t appeal their own decision

[Not A Snowbird]

Not exactly an appeal. The one sane judge on the panel realized these three stepped in it and they want to take a closer look to try and salvage their reputation (too late.)

I’ve never heard of it being done before, but perhaps I just haven’t been paying attention.

[saywhatagain]

"These idiots must know they can"t appeal their own decision"

Apparently they can. The first line in the court filing is very clear, saying . . .

"A judge on this court has made a sua sponte request that a vote be take as to whether the order issued by the three judge motions panel on February 9, 2017"

[servantboy777]

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.

[Nifster]

It is not an appeal. It is a request for an en bank hearing. That can be requested by either party or any judge in the circuit

[Steelfish]

This case stands as judicial precedent for standing and due process and unless reversed future panels of the Ninh Circuit are bound to apply the law as decided by this panel. This is why they are allowed to overrule a decision of their own panel of three members in a court with 26 active judges.