Nordyke: 9th Request en banc Briefing

[hoffmang]

All,

Late the afternoon of Monday May 18th, the 9th Circuit informed all parties in Nordyke that a judge of the 9th Circuit has has called for a vote to determine whether the case will be reheard en banc. Both sides have 21 days from the 18th to file briefs on whether the case should be heard en banc.

Neither side requested en banc, but the court independently has. This case could go en banc, but it still requires a vote of the active judges after the briefs are in.

Nordyke is the law of the circuit unless and until the 9th votes to take it en banc.

-Gene

Whew.

[Sobriquet]

Oh, boy. Here we go.

[nick]

Never mind, found the answer.

[Gray Peterson]

Originally Posted by nick

How often can they do this? For instance, could they do this 5 years from now, if it doesn't go to SCOTUS?

[Beatone]

A little over Two Weeks....

[C.G.]

From my limited knowledge that has happened only three times. Gene, what is your estimate?

Someone in the Circuit had reason to want to see Nordyke solidified?

[bigcalidave]

I thought this was a bad thing? Didn't we want them to leave it alone?

It really comes down to who you want making the argument. It has recently become more apparent that 2A incorporation is going en banc and probably beyond. Once that has been all but assured the only thing to do is try and get those most capable in front of the judges with the most winnable case possible.

The question is, is that Nordyke or Gorski1?