A three-judge panel in the Ninth Circuit upheld an order blocking President Trump's first travel ban last month. The administration subsequently reissued a new executive order replacing the first and voluntarily dismissed its appeal to the earlier injunction. That should be the end of that debate, right?
Not exactly. One Ninth Circuit judge wanted the court to rehear the case en banc and vacate the panel opinion, despite the dismissal. Last week, the Ninth declined. But in doing so, the judges revealed a sharp split in the circuit.