Just today, Alan Gura filed a petition for hearing Hightower, en banc. The PDF is attached.
Having read this petition, the only comment I have to make is this: The petition almost reads as a certiorari to the SCOTUS.
I don't believe it would take all that much to make it so.
If I'm correct in this, the CA1 will also read it that way.
ETA: In the CA1, it takes a majority of the active judges to grant an en banc review. There are only 5 active judges (all the rest are on Senior Status). Since the Hightower panel was unanimous and 2 of the three judges on the panel are active judges, it will take the other three judges to vote for rehearing.... Don't hold your breath.
Last edited by Al Norris; September 13, 2012 at 09:56 PM.
Reason: added comment(s)