The way the Ninth Circuit "works" is that on en banc re-hearing, a panel of 11 judges is randomly selected by the clerk of the court. In all other circuits, every sitting judge is part of the panel that re-hears a case. So basically, assuming that all Republican appointees will vote to uphold the original ruling and that all Democratic appointees will vote to overturn, things do not look good for our side with GOP appointees being outnumbered 2:1.
My prediction is that the decision will be overturned, and SCOTUS will grant cert upon appeal. Rumor has it that this is the case they want: it has the right plaintiffs, it has Paul Clement arguing on our side, and it is backed by the NRA.
If by some miracle, the decision is upheld as is en banc, California will not appeal: Bloomberg will make a personal call to Kamala Harris (their version of Lisa Madigan) and order her not to appeal if she wants her seat in the United States Senate that's being vacated by Barbara Boxer.
Edited by Rail, 28 March 2015 - 08:12 PM.