Interestingly, the panel vote was 2-1, with Judge Murphy voting in favor of granting the rehearing. Will the FTC petition for certiorari?
Correction: I misunderstood. When it says "Judge Murphy so recommends," it means he recommends denying the rehearing. He's a district court judge who was sitting by designation, so he only gets to recommend. Hat tip to Florian Mueller for pointing this out to me.
For the rules on who gets to vote on a petition for rehearing in the Ninth Circuit, see the Ninth Circuit's General Orders, in particular Rules 1.1, 1.4, and 5.1.a.3.