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SAN FRANCISCO—Just two weeks after a three-judge panel of the Ninth Circuit Court of Appeals affirmed a trial court’s dismissal of ESPLERP v. Gascon, the lawsuit which sought to eliminate California’s prostitution laws, First Amendment attorney H. Louis Sirkin, the lead counsel on the case, has filed a Petition for Rehearing En Banc in the case.

The Ninth Circuit’s opinion itself was a bit strange, having been written by Judge Jane A. Restani who normally sits in the Court of International Trade, but had a seat on the panel “by designation.” It’s highly unlikely that Judge Restani, in her International Trade Court role, had many if any cases involving sexual rights.