So the court is granting en banc review of the panel’s decision to lift the stay on the gag rule, and they’re hearing it in a pretty expedited schedule? I don’t see how that bodes well for the gag rule.
Note that en banc review is different in the 9th Circuit than elsewhere. The 9th has so many judges that an en banc panel means the chief judge (a Clinton appointee) and 10 randomly-selected judges. If I am reading the 9th Circuit’s local rules correctly, the panel doesn’t get selected until after the full court has voted in favor of taking a case to en banc review.
ETA: Okay, it turns out that the plaintiffs got a terrible draw for the en banc panel:
Members of En Banc Court : THOMAS, Chief Judge, and LEAVY, WARDLAW, W. FLETCHER, PAEZ, BYBEE, CALLAHAN, M. SMITH, JR., IKUTA, MILLER, AND LEE, Circuit Judges
That’s four Clinton appointees, one senior-status Reagan guy, four W. Bush appointees, and two Trumpers.