The AP report does not contain the text of the Motion’s panel order itself, but does say the following: “The brief order was signed by the three 9th Circuit judges hearing emergency motions this month: Diarmuid F. O’Scannlain, who were appointed by President Ronald Reagan, and William A. Fletcher, an appointee of President Bill Clinton.” There’s an error in that sentence: the third judge is Judge Trott, who was also appointed by President Reagan. TPM has the text of the order, [update: see the original order] which reads:

This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented. Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed.

Note the last line. If the Court allowed for a reply, consideration of the case could be delayed until after the end of the month. But motions panels change at the beginning of each month. The effect of this is to make it very likely that it would be this panel that will decide the motion. It is an ideological diverse panel. Judge O’Scannlain is conservative, Judge Trott is a moderate, and Judge Fletcher is liberal. They are all scrupulously fair and extremely smart: You couldn’t do better if you tried to get a sronger, fairer panel.