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Of course they won't comment... Until they do!
And they will comment within 14 days by filing for a petition for en banc review. I also suspect that Judge Thomas (he dissented) will call for an en banc review, whether or not San Diego does.
An en banc review is not generally granted. But here, the court has stricken an administrative policy of the county. This is on par with striking a law. Because of this, I suspect they will grant the review.
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.
Over and above all of this, Judge O'Scannlain went to a great deal of pain to set out the reasoning’s for his opinion. This document is precisely meant for the Justices at the Supreme Court. Add to that, Judge O'Scannlain's opinions are taken with as much credit as those of Judge Posner, from the 7th (author of Moore v Madigan).
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