Whatever Happened to the Request for Super-En-Banc Rehearing in CDT?

Once in a while folks ask me what happened to the request for super-en-banc rehearing in the Ninth Circuit, filed back in November of last year, in United States v. Comprehensive Drug Testing. The short answer is, nothing has happened. Nine months later, the Ninth Circuit hasn’t ruled yet on whether to go super-en-banc. If you’re interested in reading more on the legal issues raised by CDT, my article on that will be out in October; a pre-publication version is available here.