By Erwin Chemerinsky
Usually the grant of en banc review by a federal court of appeals indicates that there is a difficult issue that requires the attention of the entire court. That is why the 9th Circuit's grant of en banc review in Catholic League for Religious and Civil Rights v. City and County of San Francisco, 567 F.3d 595 (9th Cir. 2009), is so puzzling. This is an easy case decided correctly by the panel and standing for the unremarkable proposition that th...
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