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The 9th Circuit relies only on 5th Amendment Due Process. Doesn’t yet need to reach 1st Am Establishment Clause.

Posted on February 9, 2017 by Tim Hogan

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← Second, we decline to limit the geographic scope of the TRO.

Filed order: A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. →

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