Betting against the Supreme Court granting cert in any given case is usually a good bet. The rate at which cases are granted cert is in the low single digits. To maximize one's winning you'd bet against every case, including the ones you think are really good, really important, and you can't live without.
Part of me wants to see Peruta go en banc just because I'd like to see more fuel on the fire. I'm not clear that either the police amici nor the CA AG have standing here. The former is merely and amici and the AG did not intervene when she had the opportunity to do so. This may not matter much as the circuit can grant en banc review sua sponte. 9CA is a strange animal. When their cases go to SCOTUS the decisions are overturned 80%+ of the time. By contrast, decisions from the other circuits are upheld about 80% of the time.
However, leaving Peruta hanging out there, unfinished in the 9th circuit only gives SCOTUS more reasons NOT to grant cert in Drake. If the 9th takes Peruta en banc we could be looking at another 18 months before they give their final word. And we still don't know how any of this - en banc for Peruta or cert for Drake - will play out when the 9th drops the other two shoes - Richards and Baker.
Part of me wants to see Peruta go en banc just because I'd like to see more fuel on the fire. I'm not clear that either the police amici nor the CA AG have standing here. The former is merely and amici and the AG did not intervene when she had the opportunity to do so. This may not matter much as the circuit can grant en banc review sua sponte. 9CA is a strange animal. When their cases go to SCOTUS the decisions are overturned 80%+ of the time. By contrast, decisions from the other circuits are upheld about 80% of the time.
However, leaving Peruta hanging out there, unfinished in the 9th circuit only gives SCOTUS more reasons NOT to grant cert in Drake. If the 9th takes Peruta en banc we could be looking at another 18 months before they give their final word. And we still don't know how any of this - en banc for Peruta or cert for Drake - will play out when the 9th drops the other two shoes - Richards and Baker.