Having discussed the prospects of being granted a rehearing with various Pennsylvania attorneys, it seems that the probability that the court will grant the request is vanishingly small. Here are some reasons:
- The opinion of the three-judge panel that heard the appeal was unanimous.
- The court rejected all the arguments of the appellants. There were no shades of gray to be found in the court’s reasoning.
- The opinion was unpublished, meaning that the judges believed that there were no precedents to be set by it. In the end, the court merely affirmed that a legal document said what it seemed to say.
- Five of nine justices would have to agree to a rehearing. Presumably, we know that three will vote no. I would be surprised if any judges would be interested in rehearing the case, but surely it shouldn’t be hard to find two justices to reject the request.
- The court virtually never grants such hearings. No one I consulted could remember a rehearing being granted by the court.
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