[Lex Arma]

Originally Posted by Window_Seat

Is this possible without an en banc hearing that a panel could make that modification, and has this happened with other cases before?

I always thought that anything reheard in the courts would have to automatically be reheard by an en banc panel?

Otherwise...

Erik.

There are technically two petitions pending: (1) rehearing before the same panel, and (2) rehearing en banc.

Either one can be decided without further briefing, depending on what the Court wants to do. Most petitions for either kind of rehearing result in summary denial. Minor amendments to the opinion might be handled summarily without further briefing. Substantive changes usually don't happen without giving both sides an opportunity to have a say, which can include anything from: asking the other side to file a response (that is what happened here) up to granting a rehearing and/or rehearing en banc and ordering another round of briefs.

Or the Court might reconsider its opinion in light of what the County files and still deny both or either petition.

The only thing we can say with any certitude is that we are going into extra innings here in the Ninth Circuit before moving up to SCOTUS or back down to the trial court.