September 16, 2003

VIA EMAIL I’ve just heard that the 9th Circuit has granted en banc review of the recall case. I’m predicting (as I did earlier) that the panel will be reversed. That prediction is, of course, of limited value, as such predictions generally are.

UPDATE: Hasen says it’s a request for briefs on whether to go en banc, not an order for en banc review. That’s not what the AP story I was mailed said, but I suppose it’s conceivable that a wire service would make a mistake.

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