Earlier, during the summer, I blogged about a Ninth Circuit opinion that vacated a conviction for making racially-motivated threats against President Obama.
As I noted at the end of that post, I am really looking forward to seeing how this gets resolved en banc.
And, apparently, I am now closer to getting to see that. The government has filed a petition for the Ninth Circuit to rehear the case. Politico’s Josh Gerstein has detailed coverage and a link to the government’s filing.