Alan Horowitz discusses the decision by the the Department of Justice not to file either a petition for rehearing before the Ninth Circuit or a petition for certiorari before the Supreme Court reviewing the Ninth Circuit 's decision in Washington Mutual v. US, meaning the Ninth Circuit's decision is now final. "[The decision to not review the case] was not surprising because the chances of en banc review typically are very slim where you have a unanimous ruling by a three-judge panel, especially where the judges approve two different theories supporting that result," Horowitz said. Horowitz, Steven Dixon, and Maria Jones from Miller & Chevalier acted as counsel for Washington Mutual.