I know that it doesn't matter much either way. But since senior judges on the Ninth Circuit aren't allowed to vote on en banc calls in the first place (even though they're invited to express their views internally, if they wish), I probably wouldn't have them publish something that simply says -- as Judge O'Scannlain does here -- that in a universe in which they had a vote, they'd have voted for en banc review. ("I agree with the views expressed by Judge Bumatay in his dissent from the denial of rehearing en banc.")
I mean, sure, that's great to know, and there's no real downside in saying so. But, to use an analogy, we don't allow 14-year olds (or people in prison) to vote in elections, even though they're fully entitled to participate in deliberations about whom to elect in those things, and we likewise don't have official procedures designed to record how they would have voted if they had a vote. (Which, again, they don't.)
So I'd probably just leave this one alone.
