In June 1988, the Ninth Circuit agreed to rehear the case en banc and the eleven judges of the Ninth Circuit that sat on the case found that the Army was estopped from using Watkins' statements and behavior against him and did not address the constitutional issues.
In June 1988, the Ninth Circuit agreed to rehear the case en banc. The eleven judge panel found that the Army was estopped from using Watkins' statements and behavior against him but did not address the constitutional issues.