In the SEIU v. USDOJ case, the one concerning an injunction to Trump regime to stop threatening election workers and officials with prosecution, a very unusual process is now occurring.
The Ninth Circuit consists of 29 judges total. When an en banc hearing is held, in the first instance only a subset of these hears the case. That’s what happened earlier today, when the subgroup lifted the injunction. 1/ #LawFedi
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Here’s the SEIU petition for full en banc review. https://storage.courtlistener.com/recap/gov.uscourts.ca9.34809698-a4bb-456f-906e-40cfcf74ab7a/gov.uscourts.ca9.34809698-a4bb-456f-906e-40cfcf74ab7a.35.1.pdf
This case matters both for immediate consequences and points of law. So I’ll keep posting about its progress through the Circuit and potentially to the Roberts Court. 3/3
The 9th Circuit does provide for “super en banc” review, whereby all 29 judges participate. This virtually never happens. But SEIU moved for it following the subgroup order. Now the Circuit has order DOJ to respond. https://www.courtlistener.com/docket/75054424/36/service-employees-international-union-et-al-v-doj-united-states/ 2/