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I thought the whole idea of a "sua sponte" en banc call was that the court was doing it itself - not a party. So why would there need to be a party for a sua sponte en banc call?
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Someone would have to provide briefs for each side; someone would have to appear for oral arguments.
The appellants would be happy, more or less, to do that.
But if Sheriff Gore refuses to participate (he has directed his legal team not to,
http://cdn.ca9.uscourts.gov/datastor...-%20Letter.pdf) and the court has already ruled the applicants to intervene are not eligible, there seems to be no one willing and able to take on the appellee's role.