Following a July decision upholding the requirement, the 9th Circuit requested briefing on whether the case should be heard en banc, though neither of the parties asked for it.

Within weeks after the court issued its opinion in Scheehle v. Supreme Court of Arizona, 01 C.D.O.S. 6316, it asked both parties to submit briefs on whether the case should be reheard by an 11-judge panel.

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