There's a reason today's en banc opinion took nearly two years to write. After oral argument. You can get why from the Order that describes the result:
"The petition for review is denied.
Judge Hurwitz wrote an opinion joined by the full panel
as to Parts I–III; by Judges Kozinski, Silverman, Rawlinson,
Bybee, Murguia and Nguyen as to Part IV; and by Judges
Kozinski, Silverman, Rawlinson and Bybee as to Parts V and
VI.
Judge N.R. Smith wrote an opinion concurring in part and
dissenting in part, which Chief Judge Thomas, and Judges
Pregerson and W. Fletcher join as to Part I. Judge N.R. Smith
concurs in the result of (but does not join) Parts V and VI of
Judge Hurwitz’s opinion.
Judge Murguia wrote an opinion concurring in part and
dissenting in part, which Judge Nguyen joins in full and
which Chief Judge Thomas, and Judges Pregerson and W.
Fletcher join as to Parts A, B and D.
Judges Kozinski, Silverman, Rawlinson, Bybee, N.R.
Smith, and Hurwitz would deny the petition for review.
Chief Judge Thomas and Judges Pregerson, W. Fletcher,
Murguia, and Nguyen would grant the petition for review."
Yikes.
