Although we all suspect they are revisiting the incorporation issue, the court has said nothing about why they are taking this en banc. It is slightly possible that the court feels that the sensitive places rational was over-reaching.
OR, knowing that the SCOTUS will be reviewing the matter, they may want to frame the issue a little more to avoid any anticipated or imagined egg on their face. It is also not impossible that the court will re-affirm the decision with clarifications.
In the end, this is irrelevant, because there is no way around the fact that the SCOTUS must decide this for the whole country. This is one civil right that must be protected universally.
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