Yesterday a Ninth Circuit order denying en banc review was published, along with an opinion, a concurrence, a concurrence in denial of rehearing en banc, and two dissentals (dissents from denial of rehearing en banc). The press is sayin this shows the ideological divide at the court. See Trump Appointee Accuses Ninth Circuit of 'Judge-Jitsu' and 'Mischief' in Immigration Ruling ("An immigration ruling from the U.S. Court of Appeals for the Ninth Circuit is quite literally laden with mischief. The word appears nine times, including a reference to “Harry Potter,” in a 115-page ruling reflecting how Trump judges are changing the court’s dynamic."); Law360 has 9th Circ. Judges Spar Over Failed Bid to Rehear Asylum Rule ("six judges dissented, declaring they're not "Platonic Guardians" of public policy").
In the DJ, Gary Watt and Patrick Burns have Appealing orders on arbitration in federal court, which has an accompanying self-study test.
- the Federal Arbitration Act authorizes appeals from orders denying arbitration. But appealing an order that compels arbitration depends on whether the district court dismisses the civil action as well.
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