Neither was controversial One was confirmed by voice vote and the other received 21 Democratic votes for confirmation.

The question is whether an attempt will be made to have the case re-heard "en banc" -- by the full 11th Circuit. None of the three judges ruling in the case have a say in that decision, which is made by a vote of the "active" judges on the court. In this case the three judges initially deciding the matter were a senior appellate judge and two district court judges.

Rehearing en banc thus, if sought, would be decided by a vote of the 12 current judges, assuming none of them recuse themselves. There are six Trump judges, three Obama judges, two Biden judges and one GW Bush judge. It takes a majority -- in other words seven -- judges to vote for rehearing. In all likelihood that means the GW Bush judge holds the deciding vote since the six Trump judges probably would vote for rehearing.