The Ninth Circuit granted rehearing en banc today in U.S. v. Pool, No. 09-10303. Pool DNA en banc order. That's the EDCA case challenging the constitutionality of the mandatory collection of DNA from all persons released pretrial on any federal felony charge--before any adjudication of guilt. See my 9/14/10 post on the Ninth Circuit's 2-1 Pool opinion and, more generally, other DNA collection/testing posts. That means a panel consisting of Chief Judge Kozinski and ten other active Ninth Circuit judges will rehear the appeal.