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Old February 13, 2014, 11:42 PM   #81
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,389
Alex Kozinski is the chief Judge of the ninth. I can almost guarantee he will be sitting on the panel. And, he is a friend of the 2A.
By rule, he can sit in all en banc rehearings. Ninth Circuit Court Rule 35-3 states:
The en banc court, for each case or group of related cases taken en banc, shall consist of the Chief Judge of this circuit and 10 additional judges to be drawn by lot from the active judges of the Court. In the absence of the Chief Judge, an 11th active judge shall be drawn by lot, and the most senior active judge on the panel shall preside.
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