A clarification on 'appeal'. (Pending the longer post from CMontfort) As an ABC news story correctly puts it,
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San Diego County Sheriff Bill Gore could let the ruling stand and change his policy; ask that a special panel of 11 judges of the 9th Circuit rehear the case; or he could petition the U.S. Supreme Court to take it.
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En Banc petitions are not automatically granted; today's ruling is officially in effect now, but if 9th should vote to accept an
en banc petition, at that time today's decision would be 'on hold' until the hearing and subsequent decision.
No time limit is imposed on the Court for either accepting or denying the 'en banc' request, or on their decision once accepted.
mymonkeyman has more information on scheduling:
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There is no deadline for how long the Ninth Circuit can take until issuing a decision on a petition for rehearing or rehearing en banc, but generally at least one judge must call for an en banc vote within 21-160 days (depending on if a petition for panel rehearing is also sailed, if a request for response from the respondent is issued, if a request for comment from the panel is made and/or a stop clock request is made, see Ninth Circuit LR 35 advisory comments and General Order Chapter 5).
If a call to vote is made, generally there are 21 days for the judges to exchange bench memoranda, ie to talk with each other about the vote, and then 14 days to actually vote.
If the petition is granted, an order will generally issue quickly but there is no deadline. If the petition is denied, there may be opinions concurring or dissenting from the denial of the petition, which may delay it further.
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Or, it could go really fast - but that is not the way to set your expectation.
Here is the 9ths rule on en banc:
http://cdn.ca9.uscourts.gov/datastor...es.htm#1286137, FRAP 35
Here is the 9th's current list of en banc proceedings:
http://www.ca9.uscourts.gov/enbanc/