You knew this was going to happen. When the panel opinion came out, I commented that the three opinions in the case were classic (and very good) products of their respective authors. You knew there'd be an en banc call, and you knew it'd be relatively close.
Turns out the lefties won the vote, and the righties dissent from the denial. (Oh, wait. Ideology doesn't matter. Forgot.)
As I noted in my post from February, I thought that Judge Wallace's dissent might well express the views of a majority on the Supreme Court. Ball's in it's court, now.
