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Having said that, I really don't think Judge O'Scannlain would have released Richards and Baker if he thought there was much chance of Peruta going en banc. Although, it has been suggested that he is simply trying to "stack the deck," as it were.
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That sounds right. If so, they can approve Ms. Harris to go to SCOTUS and still keep their "progressive credentials". At least for the delay it would give some authorities, such as Lost Angles City and County.