#Prop8 Rehearing En Banc Petition Due Soon

The Perry decision came out on February 7.  If this is also the date of the entry of judgment (I haven’t been able to confirm that), it means that any petition for rehearing or rehearing en banc will be due 14 days later, this coming Tuesday Feb.  21.

Even if a petition for rehearing en banc is not filed, the Ninth Circuit judges may still consider an en banc hearing.  Details on this byzantine process from Lyle Denniston, Howard Mintz, and one of my readers.  There may be no announcement of an internal Ninth Circuit debate over the en banc issue.

Here’s an interesting question.  Suppose the Prop 8 proponents do not seek rehearing en banc.  (I’ve given reasons why I think they may want to pass up the chance.)  What happens if the proponents seek cert. in the Supreme Court before the Ninth Circuit has finished up its internal en banc consideration?  Will the Supreme Court simply hold the petition until after there is final clarity from the Ninth Circuit on the en banc question?

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