9th Circuit Judge Wants Another Vote over Trump Travel Ban Decision - LawNewz. I think this is what you were referring to,
log? A couple of quick programming notes: First, any judge can request an
en banc review, and I have an idea which judge it might have been (a Bush appointee), but it requires a majority vote of the entire 29-member Court to have it. Neither party has petitioned for it. It is
extremely unusual for a court to take an
en banc review on its own motion, and I don't think that will happen here. Instead, I think that one of the judges was upset that there was no dissent from the panel's decision and wants an opportunity to put his/her objection in writing to burnish their conservative
bona fides.