Has the En Banc Ninth Circuit Reversed Garcia v. Google?

This morning we have a broad hint that the Ninth Circuit's en banc opinion in Garcia v. Google is to be expected today, and that the ruling will reverse Judge Kozinski's opinion for the panel.  

What the ground of that opinion will be, who will write, and what the split among the judges will be remains to be seen.  I can only read from the tea leaves provides by an order issued this morning denying rehearing of the preliminary injunction that Judge Kozinski's panel granted.  In a dissent from that denial, Judge Reinhardt tells us that the position of the panel will be reversed, that "the suppression of speech ended with the en banc opinion," and that he agrees with the en banc opinion.

What else?  Stay tuned.

And surely this is a bizarre way for us to find out.


About an hour after this post was published, the en banc court issued its opinion, discussed here.

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