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onenote

(45,759 posts)
7. This is good news but the outcome is far from certain
Wed Oct 29, 2025, 12:42 AM
Wednesday

While it is true that the order setting the case for en banc review means that at least 15 of the 29 active judges on the court supported rehearing, the panel that will decide the en banc review will consist of the chief judge, who is an Obama appointee and a randomly selected group of 10 other judges. Assuming the Obama chief judge would will vote in favor of reversing the original decision, five of the remaining 10 randomly selected judges must vote the same way. The ten randomly chosen judges will be selected from a pool made up of 10 Trumpers and 3 GWBush appointees and 8 Biden, 3 Clinton and four Obama judges. The numbers are slightly favorable to a reversal, but with the selection being random, it's not a slam dunk that the 10 judges selected could end up including 6 of the 13 Trump/GWBush judges and only four of the 15 Biden/Clinton/Obama judges.

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