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One response to “Prop 8 appeal heading to full circuit”

  1. Sam

    Due respect, but you’ve missed one INCREDIBLY important detail. En banc rehearings don’t just happen simply because someone asks. There are fairly strict criteria that must be met before the full Circuit grants rehearing. Even if we set those criteria aside, backers of Prop 8 will have to convince a majority of active judges on the Ninth Circuit that there’s a real need to do this all over again. Considering that Randy Smith, probably THE most conservative judge on the Circuit only barely sided with Prop 8 supporters, there are probably a lot of conservatives on the Circuit who won’t want to repeat this exercise. As for the liberals and moderates, they constitute a majority of the Ninth Circuit, and there’s a strong possibility they won’t want to take the chance of an en banc panel overturning this one. A rehearing is far from a done deal here.

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