Here is the order — michgo-rehearing-denial

Three judges (Sentelle, Griffith, and Rogers) voted to rehear the case en banc, three short of the necessary votes. Of course, that semi-near miss gives the attorneys for MichGO fodder for making noise about a cert petition (see news report here).

I really have to think that this case is getting so much attention — not because of the merits of the case — but because these same lawyers have been working on three cases so far (TOMAC, CETAC, and now MichGO) and this is finally the end. It bears repeating that these three cases were all carbon-copy cases, with little to differentiate them at all. They have almost no merit whatsoever, and even the D.C. Circuit all but labeled them frivolous in the CETAC opinion. The Gun Lake case is no different than the previous cases, except it is the last one.