Monday, May 08, 2017

Cameranesi v. Department of Defense (9th Cir. - May 8, 2017)

From today's order:

"Judge Watford voted to grant the petition for rehearing en banc. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration."

Which I always find funny.  Essentially, Judge Watford voted to take the case en banc, yet the total number of judges voting to take the case en banc was exactly zero.

I know, I know.  There's a difference between "voting to grant a petition for rehearing en banc," on the one hand, and "voting to take the case en banc."  Technically, there was no actual vote, since no one requested a vote.

It's a sign that you know you're in the minority.  You vote for X to happen, but no one else even wants a vote to see if X should happen.  At that point, you give up.  

You're clearly in the minority if you say "Yes" and everyone else says "Meh".