That is a great graphic. The dissent sure looked to me like a pitch for En Banc review.
But if I have it right they would have to get half the judges of the Circuit to vote to accept it for En Banc review and the graphic shows just how high a hurdle that is.
ij
There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)