This should surprise no one.
Idaho passed a law that criminalizes most abortions and said it would take effect if and when Roe v. Wade was overruled. Dobbs gets decided in 2022, so the statute takes effect 30 days later. The United States sues Idaho, claiming that its statute is preempted by federal law; in particular, 42 U.S.C. § 1395dd, which is the Emergency Medical Treatment and Labor Act.
The district court enters a preliminary injunction blocking the law, Idaho appeals, and the case goes to the Ninth Circuit. Idaho moves to stay the district court's order -- basically, asking to let the state law go into effect -- and that motion gets decided by a panel consisting of Judges Bade, Lee and VanDyke, all of whom (as you may know) are Trump appointees.
Two weeks ago, the panel granted the stay, holding in a published opinion that the Idaho statute banning abortions is not preempted and that the state would be irreparably harmed by putting a hold on the law.
Today, the Ninth Circuit takes that opinion en banc. Which in turn vacates the panel's order.
Perhaps there has been a faster en banc vote in the Ninth Circuit's history, but if there is, I don't recall it.
Which side ultimately prevails en banc will depend a lot upon the draw. But the en banc panel will most definitely have a more mixed draw than the original panel.
