Back in April of 2013, Judge Graber wrote a majority opinion that distinguished circuit precedent in a deportation case, but Judge Ikuta dissented, contending that the majority was bound by that precedent.
In September, the case got taken en banc. Which meant that Judge Graber's opinion could no longer be cited.
But guess what? Judge Graber gets drawn for the en banc panel. Judge Ikuta does not. And, today, the en banc court issues its opinion. Authored by Judge Graber.
It's 9-2. Judge Bea, joined by Judge Gould, dissents. This time Judge Graber gets to say what she wants to say without being constrained to "distinguish" circuit precedent. So squarely overrules the prior circuit precedent "to the extent it's inconsistent" with today's holding.
So that puts an end to that.
