Must Reads on Prop 8 Case, and an En Banc Twist: the Ninth Circuit Can Go En Banc on Its Own

Dahlia Lithwick, Jason Mazzone, Eugene Volokh, Orin Kerr, Adam Winkler, Lyle Denniston, Chris Geidner.  Jason Mazzone raises the key point: the Reinhardt one-way-ratchet idea is too cute by half.  A far better opinion would have addressed the issue of same … Continue reading Must Reads on Prop 8 Case, and an En Banc Twist: the Ninth Circuit Can Go En Banc on Its Own