Tag Archives: rehearing en banc

Can “Human Drama” Help To Fill the D.C. Circuit’s Three Empty Seats?

David Fontana of George Washington School of Law has a piece on the Huffington Post suggesting that President Obama can pick up the pace of judicial confirmations if he “nominate[s] progressives who happen to have been appointed or hired by Republicans” and “create[s] nomination hearings that have more human drama and less legal theory.”

The D.C. Circuit may offer the best opportunity to test Fontana’s theory. Continue reading

Divided Panel OKs Retaliation Suit for Security Risk Reporting (Again) Over Call for Full Court Rehearing

After the unusual decision to grant panel rehearing in September, a divided D.C. Circuit panel issued a second set of opinions in Rattigan v. Holder [pdf].  But the original separation of powers disagreement proved intractable, and both sides ended up close to where they started.   Continue reading

Is the D.C. Circuit Too Small To Go En Banc?

Ted Frank of the Center for Class Action Fairness has a post on PointofLaw.com explaining why he thinks the D.C. Circuit’s recent opinion upholding the Cobell settlement was wrongly decided.  (Frank argued the case for the objector.)  Frank asks for advice about whether to petition for rehearing en banc. Continue reading

Judge Silberman, et al., Win Rehearing En Banc in Judicial Pay Case

Judge Silberman is one of the named plaintiffs in a judicial pay case that the Federal Circuit recently agreed to hear en banc.  The suit is a constitutional challenge to legislation barring cost-of-living adjustments to federal judicial salaries despite a 1989 statute providing that such adjustments should be made automatically whenever other civil servants receive them. Continue reading