Back on August 8, 2008, the 9th circuit had upheld Veterans Administration rules that prevented the Democratic Party from sending in volunteers to register voters who live in Veterans Administration Hospitals and Homes. The party then asked for a rehearing en banc.

On December 22, the request for a rehearing was denied, but the original decision was modified. Now, it only pertains to VA buildings in which all the residents have significant medical needs, and are likely to need medical attention at any instant. Also the decision was modified to make it clear that if any resident of a VA facility wishes to register voters in that same facility, that can only be settled by a new, different lawsuit.