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My guess is that Drake will be held until Peruta runs its course.
1.If en banc is granted, then Drake may get dropped because the Supremes want a final decision from the ninth before they act.
2. If en banc is denied, then there are two possible outcomes:
(a) AG Harris will refile her motion to intervene and a petition for cert in the Supreme Court, in which case Drake will be hold as an "add on" to Peruta as the lead case (or vice versa), or
(b)If Harris does not seek Supreme Court review, then there is a good chance that Drake will be taken up on its own to address the split.
Then there are the follow on cases, of which there are four pending in the Ninth Circuit from California and one from Hawaii. All but one of these cases (an open carry case) have been briefed and argued and are awaiting decision. One of the California cases and the Hawaii case were argued to the same panel that decided Peruta, and I suspect that the decisions in those cases are being held up until Peruta runs its course in the Ninth Circuit.
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