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6 Dec 2021, 2:18 pm
Lest it go without mention -- or be overlooked, since it's on page 101 of the 169 (single-spaced) pages generated by the opinion -- I wanted to just repeat what Judge Hurwitz said:"I join Judge Graber’s opinion for the Court unreservedly. [read post]
15 Nov 2021, 3:50 pm by Jonathan H. Adler
All the above makes me wonder why the judges on the panel (Englehardt, Duncan, and Jones) felt it was necessary to issue this opinion at all. [read post]
21 Jul 2021, 10:01 am by Josh Blackman
They could seek rehearing en banc, though given the three-judge panel (Smith, Willett, Duncan), further review is unlikely. [read post]
23 Apr 2021, 9:23 am by Josh Blackman
She invoked this concept in an exchange with then-Louisiana outside counsel, and now-Judge Kyle Duncan. [read post]
9 Apr 2021, 2:30 pm by Josh Blackman
Judge Ho, and four of his colleague, dissented from the denial of rehearing en banc: Judges Jones, Smith, Elrod, and Duncan. [read post]
7 Apr 2021, 7:17 am by Kate Fort
Judge Dennis and Judge Duncan each wrote about 150 pages, clearly hoping one or the other would gain the majority. [read post]
6 Apr 2021, 6:42 pm by Josh Blackman
Based on my quick read, there are some issues for which Judge Duncan commanded a majority. [read post]