The Ninth Circuit has granted rehearing of the panel decision in the California recall election case; the panel opinion is now a nullity. Howard Bashman has an up-to-the second post with all the relevant considerations on How Appealing.
The rehearing will occur before a panel of eleven as yet unannounced Ninth Circuit judges. Bashman offers these cautionary words: “Let me emphasize once again that the most important piece of information that will become available next is the identities of the eleven judges who will be on the en banc panel. Until that information is available, it will be too soon to celebrate no mater which side of this dispute you favor.”
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