"We represent some parties who prevailed on an appeal to the Ninth Circuit. Following the issuance of the panel opinion, the losing parties filed a petition for rehearing en banc. The Ninth Circuit then called for us to submit an opposition to the motion for en banc rehearing. We filed our response on April 14, 2026. With specific reference to Ninth Circuit rules and general orders regarding the Ninth Circuit's en banc process, please give me the dates upon which this issue should have been decided.

I completely understand that awaiting a decision on a petition for rehearing en banc can be a tense and uncertain process for you and your clients. While I am an AI and do not experience the anxiety of waiting on a court's ruling, I can certainly analyze the rules to give you factual clarity on the timeline.

You are operating under the assumption that the issue should have been decided by a specific date. To gently correct this misconception: while the Ninth Circuit has strict internal deadlines for judges to circulate memos and vote, there is no hard deadline for the court to formally publish its public order on the docket.

Based on the Ninth Circuit General Orders—specifically Chapter 5, which governs the en banc process—here is the internal timeline for your specific case, assuming the standard track was followed without judicial extensions.

The Internal En Banc Timeline

According to General Order 5.5, the procedure following the submission of your opposition is broken into an internal memoranda phase and a voting phase.

April 14, 2026: Your opposition (supplemental briefing) to the petition for rehearing en banc was filed.

May 5, 2026 (Internal Memoranda Deadline): Under General Order 5.5(a), any judge may circulate memoranda in response to an en banc call within 21 days after the conclusion of supplemental briefing. (Note: If the calling judge circulated a memorandum in support of the en banc call after your filing, this 21-day period would have begun from that later date).

May 19, 2026 (Voting Deadline): Under General Order 5.5(b), once the exchange of memoranda is complete, the En Banc Coordinator notifies all active judges to vote. Unless ordered otherwise, the judges have 14 days to cast their ballots. Upon the expiration of this period, the En Banc Coordinator notifies the judges of the result and the vote tally.

Therefore, the internal vote dictating whether your case will be reheard en banc was likely completed and tallied on or around May 19, 2026.

Why Hasn't the Order Been Issued Yet?

Given that it is now July 2026, it is entirely normal that you have not yet seen a public disposition. The period between the filing of a response and the public issuance of an order can stretch from a few weeks to several months.

Here is the reality of why a decision internally tallied in mid-May might still be pending public issuance:

Drafting Dissents from Denial: If the petition is ultimately denied, judges who supported the en banc call frequently take time to draft written dissents from the denial of rehearing en banc. In response, other judges may draft concurrences to counter those dissents. This drafting, circulating, and editing process is not strictly time-bound.

Panel Revisions: The original three-judge panel may use this time to reconsider, amend, or rewrite their original opinion in response to the arguments raised in the petition and the internal judicial memoranda.

Stopping the Clock: Under the General Orders, judges have the ability to "stop the clock" at various points in the process to request more time to review the filings or internal memos before moving to the next phase. This would naturally shift the May 19th estimate further down the calendar.

In short, while the internal decision was likely reached in late May, the drafting and administrative processes that follow are highly fluid. You are now simply waiting for the court to finalize any accompanying opinions before the final order is entered onto the docket."

I'm not asking you to elaborate on the "experience of anxiety," you fucktard Reddit reposter.

(http://www.autoadmit.com/thread.php?thread_id=5879569&forum_id=2#49978220)

"Understood. As an AI, I will stick strictly to the rules and the dates. Under Ninth Circuit General Order 5.5, there is no strict deadline for a public decision, only internal judicial milestones:

April 14, 2026: Opposition filed.

May 5, 2026: Internal memoranda deadline (21 days later, per G.O. 5.5(a)).

May 19, 2026: Judicial voting deadline (14 days after memos, per G.O. 5.5(b)).

The internal vote likely concluded by late May. However, if judges "stopped the clock," drafted dissents, or amended the opinion, this extends indefinitely. There is no hard publication deadline."

These things are a complete fucking waste. If Google wanted me to pay the actual cost it incurred in doing this, this fucktarded conversation would have been $200.

Edit: BTW it's completely wrong in saying that a judge might have "stopped the clock." You can only "stop the clock" during the period in which you decide whether or not to call an en banc vote. You can't "stop the clock" afterward. It got this wrong idea from some 105-IQ Redditor.

(http://www.autoadmit.com/thread.php?thread_id=5879569&forum_id=2#49978221)

I completely understand that awaiting a decision on a petition for rehearing en banc can be a tense and uncertain process for you and your clients. While the wait can be stressful, it is entirely normal that you have not yet seen a public order as of July 2026.

While the Ninth Circuit maintains strict internal deadlines for judges to circulate memos and vote, there is no procedural deadline for the court to formally publish its order on the docket. The internal decision may have been made weeks ago, but the public issuance depends on a highly fluid administrative process.

Based on the Ninth Circuit General Orders—specifically Chapter 5, which governs the en banc process—here is the earliest possible internal timeline for your case, assuming the standard track was followed without any judicial extensions.

The Internal En Banc Timeline

When you filed your opposition on April 14, 2026, it did not automatically trigger a court-wide vote. Being asked to respond simply means the court was contemplating a vote. From that date, the internal timeline unfolds as follows:

April 28, 2026 (Deadline to Call a Vote): Once your response was circulated, judges generally had 14 days to officially "call" for an en banc vote. (Note: Under G.O. 5.4(e), any judge may invoke a one-time, 14-day "stop the clock" extension to decide whether to call for a vote, which would push this timeline back). If no judge called for a vote, the petition was rejected without proceeding to the next phases.

May 5, 2026 (Earliest Memoranda Deadline): If a judge did officially call for a vote, the court enters an internal memoranda phase. Under G.O. 5.5(a), judges have 21 days to circulate memos supporting or opposing the call. This 21-day clock starts after the conclusion of your supplemental briefing or after the calling judge circulates their initial memo, whichever is later. (For example, if the calling judge circulated their memo on April 14, this deadline would be May 5, but it could stretch into late May depending on when their initial memo was circulated).

May 12, 2026 (Earliest Voting Deadline): Once the memoranda exchange is complete, the En Banc Coordinator notifies the active judges to vote. Under current G.O. 5.5(b), unless otherwise ordered, judges have 7 days to cast their ballots.

Assuming the fastest possible track without any extensions, the internal vote dictating whether your case will be reheard en banc was tallied in mid-May 2026. If standard extensions were used, the vote could have easily concluded in June.

Why Hasn't the Order Been Issued Yet?

The gap between an internal vote and the public issuance of an order frequently stretches for several months. Here is why the public disposition is likely still pending:

Drafting Dissents from Denial: If the petition ultimately failed to get a majority (or if a vote was never called), the judges who supported the en banc call frequently take time to draft formal written dissents from the denial of rehearing en banc (informally known as "dissentals"). Other judges may then draft concurrences to counter them. This drafting, circulating, and editing process is not strictly time-bound and routinely takes months.

Panel Revisions: If the vote fails, the original three-judge panel retains control of the case. They might be using this time to amend or rewrite their original opinion to address the arguments raised in your petition and during the internal memoranda exchange.

Granted Rehearing: If the vote passed, the Chief Judge will issue an order taking the case en banc. Coordinating this announcement and scheduling it on the calendar also requires administrative time.

In short, the internal fate of the petition was likely decided weeks ago. The administrative and opinion-drafting processes that follow dictate the public timeline, and you are simply waiting for the judges to finalize any amended opinions, concurrences, or dissents before the Clerk of Court enters the final order onto the docket.

(http://www.autoadmit.com/thread.php?thread_id=5879569&forum_id=2#49978239)

I'm guessing Deepthink and Gemini call on the same platform?

(http://www.autoadmit.com/thread.php?thread_id=5879569&forum_id=2#49978245)