When dust settles & 3 new noms all confirmed, D.C. Cir. makeup will be 7-4 (D-R; active judges) and 8-9 (D-R; total, incl. senior judges).
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@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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@AppellateDaily@MikeScarcella I agree. Maybe not a ton, but tick up, yes.Thanks. Twitter will use this to make your timeline better. UndoUndo
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