evidently no one on the 9th Circuit considers the Constitution at all when they decide cases. An En Bloc 9th Circuit decision would only uphold the three judge panel's decision.
The Supremes, with only 8 members may, or very well may NOT over ride the 9th. Right now, it's a crap shoot.
The 9th Circuit refers to the USA as a "Constitutional Democracy", not as a "Constitutional Republic".
