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FBaggins

(28,618 posts)
Wed Oct 22, 2025, 08:49 AM Oct 22

Some corrections

The 9th is a little different. Their en banc panel is the chief plus ten randomly selected judges. They never do the entire panel (though all 29 can vote on whether to hear an appeal en banc or not)

I don’t think it was Immergut who requested review… but rather one of the other circuit judges (not on the ruling panel). It isn’t common, but it is by no means unprecedented, for an off-panel judge to request en-banc review.

Note that they still haven’t decided whether or not to rehear the Newsom v Trump case that this ruling relied upon. It’s been over four months

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