28 USC 46(c) provides that an in banc court consists of all circuit judges
in regular active service, but has an exception for circuit that have more
than 15 active judges, which can, by local rule, have smaller in banc
panels. See Public Law 95-486.
The only court of appeals, other than the 9th Circuit, with statutory
authorization for more than 15 active judges is the 6th circuit. See 28 USC
44. I don't believe that the 6th circuit has opted for the "panel in banc"
process. In fact, with the vacancies on the 6th circuit, I'm not sure that
they could opt for it.
Ed Hartnett
Seton Hall
Michael Zimmer
<[EMAIL PROTECTED]> To: [EMAIL PROTECTED]
Sent by: Discussion cc:
list for con law Subject: Re: En Banc Review
professors
<[EMAIL PROTECTED]
v.ucla.edu>
09/19/03 03:21 PM
Please respond to
Discussion list for
con law professors
Now that the Ninth Circuit has announced it will hear the case en banc,
with oral arguments, I have a question: Do any other circuits have an en
banc procedure using a panel system rather than the whole court? If they
do, does that mean there is a tendency to grant more en banc petitions (on
the assumption that the transaction costs for the court are lower than if
all the judges participated)?
Michael J. Zimmer
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
[EMAIL PROTECTED]
