Background
In this appeal, the Ninth Circuit issued an order directing that the case be reheard en banc.
The court’s reasoning
The order states that, upon the vote of a majority of nonrecused active judges, the case will be reheard en banc under Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The order also states that the prior three-judge panel opinion is vacated.
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The three-judge panel opinion is vacated.
Order at 1
What it means going forward
The panel decision no longer controls, and the full Ninth Circuit will reconsider the appeal.
Podcast
0:00 / 1:12