On Friday, the case came back to life. The court declared that another judge in the 9th Circuit is requesting that the court rehear the case en banc. This means that rather than just a typical 3 judge panel, a 9 judge panel would rehear the case (in other circuits, en banc often means all the judges, but the 9th is so big, they just go with 9). Often one of the parties in a case will ask for a case to be reheard en banc. In this case, it was a judge. This happens, though rarely.
