I ran across Ninth Circuit’s Neutrality Questioned on Gay Rights, by Lyle Denniston for SCOTUSblog, late Monday afternoon. It’s an interesting, well-written piece that offers a jumping off point for discussing how cases get assigned.
A group which opposes same sex marriage has asked the Ninth Circuit for en banc review after a three-judge panel allowed same sex marriages in Nevada. Now, I touched on en banc review in Snoozer! back in March. In simple terms, in federal appellate courts three judges hear a case, and the entire complement of active judges can reconsider a decision by granting en banc review. (Read the earlier post for special rules associated with the Ninth Circuit, because of its size.)