I wrote about the opinion July 7, when it was issued (see below). Just now, I saw the court issued an order stating, "A judge of this Court withholds issuance of the mandate in this appeal." As I read the Eleventh Circuit's internal operating procedures, this likely means that an "active Eleventh Circuit judge" has indicated that "in the event the panel declines to grant rehearing, the judge requests that a poll be taken regarding en banc consideration."
This is unsurprising, given the 2-1 split on the panel and given the prominence of the case. And of course the indication of an up coming en banc vote isn't that telling, given that the vote may well come out against review. Still, because this is such a prominent case, I thought I'd note the development.
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