David Hardy over at
Arms and the Law has some early analysis posted.
He correctly points out that not all 27 of the active judges on the Ninth Circuit will sit on the rehearing of the Nordyke case. Only the chief judge and ten judges picked at random will hear the case.
He also helpfully provides some "inside Baseball" that will seed the conjectural bloviating that may soon get started here as we all try to handicap the game:
Quote:
The 9th has had at least two major anti 2A cases (Silveria and Hickman) and one major pro 2A case (the Nordyke panel). The requirement that the en banc panel be composed of active judges takes several of the judges on those cases out of the running. I [count] those remaining in [the running] as split 2-2. (Kozinski, as chief judge, is always in [the panel], thank goodness! [Kozinski is perceived as being pro-2A]):
Reinhardt -- anti, wrote Silvera.
Fisher -- anti, joined in Silvera
O'Scanlainn -- pro, wrote Nordyke.
Gould -- pro, joined in Nordyke.
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