...Though the [Prop 8] case will certainly be appealed to the U.S. Supreme Court eventually, CitizenLink Judicial Issues Analyst Bruce Hausknecht pointed out the advantages of asking for an en banc review by the 9th.
“This keeps all options available,” he said. “Although the 9th Circuit is dominated by Democrat-appointed judges, there is always the hope that the 11-judge en banc panel chosen via lottery could contain enough judicial conservatives that it might reverse the three-judge panel’s decision. And failing that, the Supreme Court option is always available afterward. It’s always wise, in the uncertain world of litigation, to keep your options open and explore all available alternatives.”
The 9th Circuit has the option of turning the case down. If that happens, the ProtectMarriage.com legal team will immediately appeal to the U.S. Supreme Court.