« Previous | Main | Next »

April 28, 2006

New en banc order in Padilla

The Ninth Circuit previously granted rehearing en banc in Padilla v. Lever, and directed that the opinion not be cited by or to the court. The panel has now issued an additional order stating that "A majority of the en banc court has voted to withdraw the opinion of the three judge panel."

The orginal three judge panel held that the minority language provisions of the Voting Rights Act apply to California recall petitions.

Presumably this means that the decision may not be cited by or to any court, not just the Ninth Circuit. And it may hasten reconsideration in more recent district court decisions extending Padilla to California initiative petitions.

Posted by Randy Riddle at April 28, 2006 12:12 PM