The Ninth Circuit's panel opinion was in 2022, with Judge Miller filing a partial dissent. Judge Miller voted to grant panel rehearing (which was denied), and all of the judges -- including Judge Miller -- voted/recommended denying en banc review.
Nonetheless, some Ninth Circuit judge voted to take the case en banc, but lost the vote, so on December 5 of last year, the Ninth Circuit entered an order denying the petition for en banc review.
That Order from December 5 of last year was just posted today.
Oops.
