The proponents of Proposition 8 intend to appeal for an en banc ruling from the full Ninth Circuit Court. Earlier this month a three-judge panel of Ninth Circuit members voted to uphold the overturn of Prop 8.
Chris Geidner explains at Metro Weekly:
Usually, en banc review involves all of the active judges on the court, but the Ninth Circuit — due to the more than 20 active judges on the circuit — has adopted a unique “limited en banc” procedure in which all the active Ninth Circuit judges vote whether en banc consideration will be given. That will be the request made by today’s filing. If a majority of the court supports en banc consideration, then the chief judge of the circuit, Judge Alex Kozinski, and 10 randomly selected appellate judges from the circuit will hear the en banc appeal, which can involve briefing and oral arguments. After that decision is reached, theoretically, a party dissatisfied with an en banc ruling of the Ninth Circuit can ask for the full Ninth Circuit to review the en banc panel’s decision, but the court has not agreed to do so since adopting the “limited en banc” procedure.
On and on and on and on….