As the previous post discussed here, the City of Berkeley was granted until 5/31/23 to file a petition for rehearing en banc to the full 9th Circuit. Yesterday, the City of Berkeley filed its Petition for Rehearing En Banc.

This sets in motion a period for the 9th Circuit to review and grant or deny rehearing that can range from 21 days to more than 150 days depending on procedural action. To grant rehearing, a majority of the 29 sitting 9th Circuit Judges must vote for rehearing. If granted, the three judge panel opinion issued on 4/17/ 23 is rescinded with the en banc court taking full control of the case to issue a new opinion. The case would then go before a “limited en banc court” composed of 11 judges. The limited en banc court is composed of the chief judge and 10 judges selected by lot There is no defined time frame for the en banc to issue a new opinion.

The docket for this case can be accessed using Pacer. system to track the docket (Case No. 21-16278) and obtain filings. I am also happy to email the petition to any one interested (kaatzj-11@sandiego.edu).