Munoz Santos v. Thomas (9th Cir. - July 28, 2016)

One possible view of this en banc opinion is to perceive it as a classic liberal/conservative split in which the former outnumber the latter in the draw.  And, to a degree, that's true.

The dissent consists of Judges Callahan and Ikuta.  They're definitely outvoted.

But the majority opinion is written by Judge Bybee.  Hardly a huge leftie.  And the eight judges who join his opinion include, amongst others, Judges Clifton and Milan Smith.

That line-up may suggest that one side of the equation might have the better of the argument.