The 11-judge en banc panel in U.S. v. Pool, No. 09-10303 (constitutionality of the mandatory collection of DNA as a condition of pretrial release), consists of Ninth Circuit judges Kozinski, Pregerson, Rymer, Graber, W.Fletcher, Paez, Bea, M.Smith, Ikuta, N.R. Smith, and Murguia. Oral argument is scheduled for Tuesday, September 20, 2011, at 10 a.m. in San Francisco. I predict a 6-5 decision.
For a summary of Pool and links to briefs and relevant authorities, see Epic.org Pool page.