Abolish Peremptories? Silence Judges First
I Can't Drive 55

En Banc Review Denied in Kennedy v. City of Ridgefield

Today the Ninth Circuit refused to rehear Kennedy v. Ridgefield en banc.  (The dissent of 8 judges, who would have voted to rehear it en banc, via Bashman, is here.)  That's somewhat surprising to me, since the case was wrongly decided.  Although I don't have an exact sense on how interested the Supreme Court is in the state-created danger doctrine, I do predict that the Court will grant cert.  If the Court does grant cert, I'll give 10-1 odds that it reverses the Ninth Circuit.  You can read my brief discussion of Ridgefield here.