A judge of this court has called for a vote to determine whether this case will be reheard en banc under Federal Rule of Appellate Procedure 35(a). The parties are requested to file simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc, including whether rehearing en banc is warranted in light of Mohawk Industries, Inc. v. Carpenter, 558 U.S. —, No. 08-678 (Dec. 8, 2009) ... The briefs shall be filed on or before December 24, 2009.See this post on how the Mohawak ruling complicates the appeal of discovery orders in Perry v. Schwarzenneger by Prop. 8 proponents.
12/16/09 Los Angeles Times LA Now blog:
Judges of the U.S. 9th Circuit Court of Appeals will vote soon on whether to reconsider their decision last week denying gay rights advocates access to internal communications of Proposition 8 supporters who succeeded in getting voters to ban same-sex marriage last year. In a terse announcement filed this evening, the three judges who denied the access, citing 1st Amendment grounds, said one of the 27 active judges on the court had called for a vote to rehear the issue with a full 11-member panel of judges.