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15 Feb 2024, 6:47 pm by Howard Bashman
“Fifth Circuit Originalists Disagree Over Takings Clause Ruling; Eleven judges voted against rehearing, six voted in favor; Dissenting judges doubt panel’s take on history, tradition”: Holly Barker of Bloomberg Law has this report on an order denying rehearing en banc, and the opinion dissenting therefrom, that the U.S. [read post]
13 Feb 2024, 1:31 pm
Defendant, however, advances new arguments in his supplemental brief following the Supreme Court’s transfer order. [read post]
13 Feb 2024, 11:24 am
Makes Case Holds For Rehearing Publicly AvailableHolds issued in cases before the Fifth Circuit Court of Appeals will now be visible to the publicAny active Fifth Circuit judge can request the court withhold the issuance of a mandate, which is entered on the eighth day either after the time to file a petition for rehearing expires or after an order is entered denying a petition. [read post]
6 Feb 2024, 11:19 am by Norman L. Eisen
However, the issuance of the mandate is not withheld if Trump files a petition for rehearing or rehearing en banc with the DC Circuit. [read post]
In the order denying the rehearing, Judge David Stras, writing for the majority, stated, “I, for one, have no doubt that the district judge, the panel, and this court have been ‘dispassionate arbiter[s] of [the] issues’ actually ‘presented by the parties,’ even if reasonable minds might disagree about the right answer. [read post]
30 Jan 2024, 8:35 pm by Ryan Snyder
Circuit denied a petition for rehearing en banc filed by Twitter (now known as X). [read post]
The 5-4 decision in favor of the federal government came only a week after a federal appeals court ordered the rehearing of a case regarding Texas’s installation of floating barriers along a portion of the Rio Grande River separating the US and Mexico. [read post]
26 Jan 2024, 12:30 pm by John Ross
Motorist pulled over for unpaid toll violation declines Harris County, Tex. constable's order to exit his car and instead turns the engine back on. [read post]
On December 12, 2023, the 10th Circuit entered an order stating: “The petition for rehearing . . . was transmitted to all of the judges of the court who are in regular active service. [read post]
The US Court of Appeals for the DC Circuit rejected former US president Donald Trump’s appeal to have a gag order against him reviewed by the entire bench—a process known as en banc rehearing—on Tuesday. [read post]
” This decision was later vacated the case was granted a rehearing before the full 17-member bench. [read post]
24 Jan 2024, 3:16 am by SCOTUSblog
Here’s the Wednesday morning read: Appeals court won’t rehear Trump gag order appeal, leaving Supreme Court as final option (Daniel Barnes and Rebecca Shabad, NBC News) DOJ tells SCOTUS curbing abortion pill access “threatens profound harms” (Rebecca Falconer, Axios) Taxpayer-funded Catholic school likely to draw Supreme Court review (Brian Fraga, National Catholic Reporter) The Supreme Court Case That Shows How Broken Congress Is (Jonah Goldberg, The… [read post]
23 Jan 2024, 3:37 pm
Judge Miller voted to grant panel rehearing (which was denied), and all of the judges -- including Judge Miller -- voted/recommended denying en banc review.Nonetheless, some Ninth Circuit judge voted to take the case en banc, but lost the vote, so on December 5 of last year, the Ninth Circuit entered an order denying the petition for en banc review.That Order from December 5 of last year was just posted today.Oops. [read post]
23 Jan 2024, 11:46 am by Scott McKeown
Today, the CAFC ordered (here) a remand of this appeal back to the USPTO at the request of the Solicitor. [read post]