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
Michael Zimmer
[EMAIL PROTECTED] To: [EMAIL PROTECTED]
Sent by: Discussioncc:
list for con law Subject: Re: En Banc Review
professors
What are the requirements (or what triggers) en banc review in the Ninth Circuit? Are these requirements uniform across the circuits? As a former federal appellate clerk I should know the answer to this question. However, with some embarrassment, I confess that I do not and would welcome help
Title: Re: En Banc Review
Also, if anyone knows, how do they constitute the 11-member en
banc panel. Is it a random selection from the 26 members of the Court.
Does the original three-member panel get automatically included?
At 7:03 AM -0400 9/17/03, Robert Justin Lipkin wrote:
What
]
To: [EMAIL PROTECTED]
Subject: Re: En Banc Review
Date: Wed, 17 Sep 2003 10:24:57 -0400
Also, if anyone knows, how do they constitute the 11-member en banc
panel. Is it a random selection from the 26 members of the Court.
Does the original three-member panel get automatically included?
At 7:03 AM
As to the same justices that honor federalism and state sovereignty in the
11th amendment-type cases being the same justices that created the equal
protection override of state elections in Bush v. Gore, that seems at least
an irony. It is, of course, one of the principal reasons for criticizing
Title: Message
Just to respond to Question 1: While
the parties may *suggest* en banc
review, a vote can only be initiated by an active judge requesting such a
vote. In the Ninth Circuit, an active judge circulates a memorandum (by
internal e-mail) calling for a vote and offering
cc:
Sent by: DiscussionSubject: Re: Queries re: En Banc
review, Deference,
list for con lawState Dignity in votin g cases.
professors
[EMAIL PROTECTED
In most circuits, the requirement is that a majority of judges vote for en
banc review after at least 1 judge requests such a vote. I assume the
rules are the same, or similar, in the 9th Circuit, but don't know for
sure.
Ilya Somin
On Wed, 17 Sep 2003, Robert Justin Lipkin wrote
