Senator from Nevada (I'm not sure which one) expressed virtual certainty that the Ninth Circuit will reverse en banc. If the three-judge panel remanded, is it possible to move for the court to reconsider en banc?
Senator from Nevada (I'm not sure which one) expressed virtual certainty that the Ninth Circuit will reverse en banc. If the three-judge panel remanded, is it possible to move for the court to reconsider en banc? Ugh - good question. Not sure if the remand can be appealed. I think it would depend on the particular rules for the 9th Circuit and would mostly certainly depend on the court history of this case (claims by Plaintiff that have survived, District Court opinion, etc).