"The Ninth Circuit U.S. Court of Appeals on Tuesday signaled that the full court would reconsider the decision to postpone California's Oct. 7 recall election. In a brief order, the court asked for letters by 2 p.m. today on whether it should convene an 11-judge en banc panel in the case, effectively heading off -- at least for the time being -- U.S. Supreme Court intervention. It also started a mad scramble that had Secretary of State Kevin Shelley canceling a press conference."
It was a rather confusing day, with conflicting reports over whether the Ninth Circuit had already granted en banc review and was requesting merits briefs, or whether the court had only indicated that it would consider granting full merits review and wanted briefing on whether or not it should. (This confusion was noted earlier today by the SoCalLawBlog.)
In addition, there was confusion as to whether the case would be reviewed by the Ninth Circuit at all, or whether certiorari would be sought directly from the Supreme Court.
California's The Recorder has all the day's details here via Law.com.