A panel of three appellate judges, Judge Diarmuid O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit headed the panel, which included Judge James A. Wynn, Jr. of the U.S. Court of Appeals for the Fourth Circuit and Judge Lee H. Rosenthal of U.S. District Court for the Southern District of Texas, decides which team has the more persuasive argument, based on an appeal of the Ninth Circuit's en banc opinion in Catholic League for Religious & Civil Rights v. City & County of San Francisco.