August 2, 2005
Contributed by Thomas Yoshida
This case raises questions of law that have never been considered before. There are 28 members of the Appeals, and we believe that we have a good chance of drawing a panel that will agree with Judge Graber and support our right to offer preference. So we will ask for a hearing before an 11-judge panel of the 9th Circuit Court. And if we have to, we will go all the way to the U.S. Supreme Court.
In the meantime, there is an automatic stay of the ruling in effect, and we will seek to extend that stay while we appeal the Ninth Circuit Court's decision.