p.s.: What remand? Looks like a petition for
en banc consideration is pending. If the rest of the Ninth is as nutz as these two majority votes (out of three votes total, and I've heard the dissenting judge wrote a penetrating opinion), the Supremes would be getting involved sooner or later. Something to look forward to.
Meanwhile it's interesting, the public stink this decision has raised. Last I checked, 77 percent of the CNN poll respondents seem to think the Gang of Two got it wrong, that indeed this is "junk justice."