Why is the appeal being heard by a three-judge panel at the Ninth Circuit? Will the whole Ninth Circuit ever hear the case?
It is typical for appeals to the Ninth Circuit to be heard by three-judge panels. That is the normal process. The three judges are randomly selected in each case. After the three-judge panel rules, the losing party can request that a bigger panel of 11 judges review that decision. That is called “rehearing en banc.” All the active judges on the Ninth Circuit would then vote on that request, and rehearing en banc would only be granted if a majority of the Ninth Circuit judges approve it.
Related Questions
- If the Ninth Circuit decides that the Prop 8 supporters don’t have standing to bring an appeal, would they be able to appeal that ruling to the Supreme Court? Or does the case stop there?
- I have filed an appeal of a decision denying me a Canada Pension Plan disability pension. How long will it take before my case is heard?
- Which three judges from the Ninth Circuit will decide the Prop 8 appeal?
