Let me see if I can clear some things up.
1. The judge who called for en banc briefing is and shall forever remain anonymous. We will not know the why, but many can speculate.
2. This is a call for briefing. What it does do is slow down a cert petition. What it does not due is gaurantee that this thing goes en banc. When you count up the noses on the "liberal" side of the 9th circuit by reviewing the "liberals" who have made pro-gun statements in the past you see that every single democratic appointee on the 9th that hasn't made a pro-gun statement has to vote for en banc to take this en banc.
3. If it goes en banc, there is some luck to the panel draw. However, this is a pretty evenly divided circuit as I explain at 2 above.
Chairman, The Calguns Foundation
to support the rights of California gun owners.