What did I say back in November, when the panel's opinion came out? "Don't be surprised -- at all -- if this one's taken en banc."
What did the Ninth Circuit do today? Took the case en banc.
I'll submit my application to the Psychic Friends Network posthaste.
P.S. - There was one judge who recused himself from the en banc call. Can you guess who? (Here's a hint: It's the State of Alaska v. EEOC.) Yep. Him.
