From Reason:
Frankly, this entire process is a waste of time. So, Judge VanDyke tried something new–write an “alternative” draft en banc opinion–or a fauxpinion, if you will–that reverses his panel opinion.
Since our court’s Second Amendment intermediate scrutiny standard can reach any result one desires, I figure there is no reason why I shouldn’t write an alternative draft opinion that will apply our test in a way more to the liking of the majority of our court. That way I can demonstrate just how easy it is to reach any desired conclusion under our current framework, and the majority of our court can get a jump-start on calling this case en banc. Sort of a win-win for everyone.Â