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[Biggfoot44]

Ah Ha !

So it's sorta like the Full Panel taking the initiative to overrule the three judge panel , before they even formally make their ruling .

 

[press1280]

Ah Ha !

So it's sorta like the Full Panel taking the initiative to overrule the three judge panel , before they even formally make their ruling .

So far it's just one of the other judges on the court. Perhaps that judge felt so strongly and thinks by him/her taking the action that it will entice enough others on the court to take the case up.
Very unusual since it was almost a guarantee that this would have been appealed.
It wasn't a case where we had a disinterested plaintiff (who usually would have been the government) who may have simply abandoned the case at that point.