Originally posted by Da Geezer
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On Wednesday, the call for rehearing was denied, because it didn?t get a majority vote of the 9th Circuit judges; but five judges ? Judge Bybee, joined by Judges Kozinski, Callahan, Bea, and Ikuta ? issued an opinion arguing that rehearing should have been granted, and that the panel decision was wrong and should therefore be vacated. The opinion is worth reading, I think (alongside the panel opinion, if you hadn?t read that yet), and strikes me as pretty persuasive.
The 'opinion' by the 5 justices was written after their request for a rehearing was denied. IOW they couldn't muster enough support from the other 9th Circuit judges to do so. They needed 15 of 28 judges to say yes, and they got 9.
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