@AppellateDaily 9: The number of DC Cir. en banc hearings from Oct 2002 to Sept 2012. Q: Will this number tick up? http://bit.ly/1czzc02
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@MikeScarcella I would think so, Mike. -
@MikeScarcella Some more on this: Assume a 7-judge ct & a 3-0 decision. To get EB review, all 4 non-panelists would have to agree. Not easy. -
@MikeScarcella With more judges, you need to convince more people, but less of them have already publicly committed to a side. -
@AppellateDaily@MikeScarcella Don't you think they will still retain general aversion to en bancs though? Some more, but not a lot my guess -
@bmaz@MikeScarcella Yes, still rare and disfavored. -
@AppellateDaily@bmaz Judge Douglas Ginsburg on declining en banc#s = 'increasing level of mutual trust and respect among the judges.'
End of conversation
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