Welp, this is pretty amazing.
In a somewhat rare move, one of the judges on the Ninth Circuit of Appeals has made a request that a vote be taken as to whether the order issued by the three judges Thursday night should be reconsidered en banc, which means before 11 federal judges of the Ninth Circuit. It’s not clear if this means that this judge (who was not named in the order) believes that there are enough votes to overturn the lower court’s decision which put a temporary halt to Trump’s controversial travel ban. Regardless, it is an interesting move that could bode well for President Trump, and throws yet another legal twist into the ongoing court battle between Trump and those trying to prevent his controversial immigration ban from being enforced.
This is the order:
Basically, Judge Sidney Thomas, Clinton appointee, and chief judge of the 9th Circuit has asked the 25 active judges on the 9th Circuit if the Trump case should be heard by the entire court. Twelve “yes” votes and it gets another hearing.
IANAL and don’t pretend to know what this means. Even real lawyers aren’t sure. But one possible reading is that even the 9th Circuit, which could easily pass for the Star Wars cantina, may have been appalled at the dopey decision the three judge panel rendered and is trying to unf*** what their “brothers and sisters of the robe” did.