Thursday, March 26, 2015

The Liberal Empire Strikes Back: Peruta to be reheard en banc

They're intent on going down swinging.
THOMAS, Chief Judge: 
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
35(a) and Circuit Rule 35-3. The three-judge panel opinion and order denying
motions to intervene shall not be cited as precedent by or to any court of the Ninth Circuit.

Almost 5 months ago at NLOGAM, Sebastian blogged about the call for en banc from one of the judges. It looks like a majority of them voted to rehear the case.
Given the strong Second Amendment rationale in the Peruta decision by Judge O'Scannlain, I'm guessing some of the more liberal judges on the 9th Circuit don't want to be bound by it. After all, the 9th Circuit has a reputation as the most liberal circuit. Only 18 out of the 38 current active judges - those not having senior status - were appointed by Republican presidents. 
They don't want to be bound by a precedent that more strongly protects your rights. Gotta love these judges.

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