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Usually, the timing for a sua sponte en banc is 21 days, which would have started yesterday.
The court has latitude to play with that number to extend it, or will take it if they want.
Given the glitch in the pursuing en banc on Peruta, which would require overruling the panel on the denial of intervention to Harris et al, it seems unlikely. Legal Buffoonery of that level seems too hard, even for the 9th.
More likely is granting en banc on Richards and/or Baker and attack Peruta through them. Both agencies have said they would ask for en banc but have not filed, pending Peruta and the motions. They are running out of time to file, but I dunno how much time they have, or that the stay on San Diego would remain in place.
Gore is said to have started processing "self defense" applications in SD.
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Loyalty to petrified opinions never yet broke a chain or freed a human soul in this world — and never will.
— Mark Twain
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